Text of NY S 3517 (2024)

STATE OF NEW YORK ________________________________________________________________________ 3517 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 evidence of lost earnings or impaired earning capacity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 4550 to read as follows: 3 § 4550. Evidence concerning earnings. Evidence concerning opinions, 4 estimations, measures, or calculations of damages for lost earnings or 5 impaired earning capacity resulting from personal injury or wrongful 6 death shall not be received by the court or considered by the trier of 7 fact, if any portion of the opinions, estimations, measures, or calcu- 8 lations is based on race, creed, color, national origin, religion, sexu- 9 al orientation, gender identity or expression, sex, familial status, 10 marital status, or status as a victim of domestic violence. No party 11 shall be permitted to examine or cross-examine a witness, or make any 12 argument or comment to the trier of fact, relating to damages for lost 13 earnings or impaired earning capacity resulting from personal injury or 14 wrongful death based on race, creed, color, national origin, religion, 15 sexual orientation, gender identity or expression, sex, familial status, 16 marital status, or status as a victim of domestic violence. 17 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08259-01-3