senate Bill S1068

2021-2022 Legislative Session

Relates to the calculations of judgments in civil actions

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2021 advanced to third reading
Feb 24, 2021 2nd report cal.
Feb 23, 2021 1st report cal.407
Jan 06, 2021 referred to judiciary

Votes

view votes

Feb 23, 2021 - Judiciary committee Vote

S1068
11
2
committee
11
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Feb 23, 2021

nay (2)
aye wr (2)

Co-Sponsors

S1068 (ACTIVE) - Details

See Assembly Version of this Bill:
A5376
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5011, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S5164

S1068 (ACTIVE) - Summary

Provides that estimations, measures, or calculations of past, present or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, creed, color, national origin, religion, sexual orientation, gender identity or expression, military status, sex, familial status, marital status, or status as a victim of domestic violence.

S1068 (ACTIVE) - Sponsor Memo

S1068 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1068
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 5011 of  the  civil  practice  law  and  rules,  as
 amended  by  section 52 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   § 5011. Definition and content of judgment. A judgment is the determi-
 nation of the rights of the parties in an action or  special  proceeding
 and may be either interlocutory or final. A judgment shall refer to, and
 state the result of, the verdict or decision, or recite the default upon
 which  it  is  based.  A  judgment may direct that property be paid into
 court when the party would not have the benefit or  use  or  control  of
 such  property  or  where  special  circumstances make it desirable that
 payment or delivery to the party entitled  to  it  should  be  withheld.
 ESTIMATIONS,  MEASURES,  OR  CALCULATIONS  OF  PAST,  PRESENT, OR FUTURE
 DAMAGES FOR LOST EARNINGS OR IMPAIRED EARNING  CAPACITY  RESULTING  FROM
 PERSONAL  INJURY  OR  WRONGFUL DEATH SHALL NOT BE REDUCED BASED ON RACE,
 CREED, COLOR, NATIONAL  ORIGIN,  RELIGION,  SEXUAL  ORIENTATION,  GENDER
 IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, FAMILIAL STATUS, MARITAL
 STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE. In  any  case  where
 damages are awarded to an inmate serving a sentence of imprisonment with
 the  state  department  of corrections and community supervision or to a
 prisoner confined at a local correctional facility, the court shall give
 prompt written notice to the office of victim services, and at the  same
 time shall direct that no payment be made to such inmate or prisoner for
 a  period  of  thirty  days  following  the  date  of entry of the order
 containing such direction.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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