Assembly Bill A9045A

2021-2022 Legislative Session

Relates to the admissibility of certain testimony and evidence by a person alleging discrimination

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A9045 - Details

See Senate Version of this Bill:
S8297
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4550, CPLR
Versions Introduced in 2023-2024 Legislative Session:
A1697, S2573

2021-A9045 - Summary

Permits the admissibility of testimony that a person reported acts of discrimination to another person in a civil trial under the human rights law, including the contents of such report.

2021-A9045 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9045
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting certain testimony and evidence by  a  person  alleging  discrimi-
   nation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  The civil practice law and rules is amended  by  adding  a
 new rule 4514-a to read as follows:
   RULE  4514-A. ADMISSIBILITY OF ALLEGATIONS OF DISCRIMINATION. (A) WHEN
 USED IN THIS RULE, "DISCRIMINATION" SHALL MEAN ANY UNLAWFUL  DISCRIMINA-
 TORY  PRACTICE PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW, INCLUD-
 ING UNLAWFUL DISCRIMINATORY  PRACTICES  BASED  ON  RACE,  CREED,  COLOR,
 NATIONAL  ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY OR EXPRESSION,
 MILITARY STATUS, AGE, SEX, MARITAL STATUS, CHILDBEARING POTENTIAL, DISA-
 BILITY, OR FAMILIAL STATUS.
   (B) IN A CIVIL ACTION, AT ANY TRIAL OR HEARING, EVIDENCE THAT A  PARTY
 ALLEGING  DISCRIMINATION, INCLUDING BUT NOT LIMITED TO SEXUAL HARASSMENT
 AND/OR MISCONDUCT, REPORTED SUCH DISCRIMINATION OR FACTS GIVING RISE  TO
 AN  INFERENCE  OF  SUCH  DISCRIMINATION  TO  ANOTHER  PERSON,  INCLUDING
 EVIDENCE CONCERNING THE CONTENTS OF SUCH REPORT OR STATEMENT  OF  FACTS,
 MAY  BE  ADMITTED  TO  REHABILITATE  THE TESTIMONY OF THE PARTY CLAIMING
 DISCRIMINATION TO PROVE THE TRUTH THEREOF  WHENEVER  THE  ADVERSE  PARTY
 ARGUES  OR  IMPLIES  THAT  THE TESTIMONY OF THE PARTY CLAIMING DISCRIMI-
 NATION IS UNTRUE, INCREDIBLE, OR UNRELIABLE.
   (C) FOR EVIDENCE OF A REPORT OR STATEMENT OF FACTS  TO  BE  ADMISSIBLE
 UNDER  THIS  RULE, SUCH REPORT OR STATEMENT MUST BE MADE BEFORE THE LAST
 ADVERSE ACTION COMPLAINED OF IS TAKEN, OR PROMPTLY AFTER SUCH ACTION  IS
 TAKEN.    PROMPTNESS SHALL BE DETERMINED BY ALL FACTS AND CIRCUMSTANCES,
 GIVING DUE REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER,  THE  MENTAL
 STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
 MATION.
   §  2. The civil practice law and rules is amended by adding a new rule
 4549 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2021-A9045A (ACTIVE) - Details

See Senate Version of this Bill:
S8297
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4550, CPLR
Versions Introduced in 2023-2024 Legislative Session:
A1697, S2573

2021-A9045A (ACTIVE) - Summary

Permits the admissibility of testimony that a person reported acts of discrimination to another person in a civil trial under the human rights law, including the contents of such report.

2021-A9045A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9045--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting  certain  testimony  and  evidence by a person alleging discrimi-
   nation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The civil practice law and rules is amended by adding a
 new rule 4550 to read as follows:
   RULE 4550. ADMISSIBILITY OF  ALLEGATIONS  OF  DISCRIMINATION;  HEARSAY
 EXCEPTION.   (A) WHEN USED IN THIS RULE, "DISCRIMINATION" SHALL MEAN ANY
 UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT  TO  ARTICLE  FIFTEEN  OF  THE
 EXECUTIVE  LAW,  INCLUDING  UNLAWFUL  DISCRIMINATORY  PRACTICES BASED ON
 RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER IDENTITY
 OR EXPRESSION, MILITARY STATUS, AGE, SEX, MARITAL  STATUS,  CHILDBEARING
 POTENTIAL, DISABILITY, OR FAMILIAL STATUS.
   (B) IN A CIVIL ACTION, AT THE TRIAL OR UPON THE HEARING OF A MOTION OR
 AN  INTERLOCUTORY  PROCEEDING,  EVIDENCE THAT A PARTY ALLEGING DISCRIMI-
 NATION, INCLUDING BUT NOT LIMITED TO SEXUAL  HARASSMENT  AND/OR  MISCON-
 DUCT,  REPORTED SUCH DISCRIMINATION OR FACTS GIVING RISE TO AN INFERENCE
 OF SUCH DISCRIMINATION TO ANOTHER PERSON, INCLUDING EVIDENCE  CONCERNING
 THE CONTENTS OF SUCH REPORT OR STATEMENT OF FACTS, MAY BE ADMITTED AS AN
 EXCEPTION  TO  THE  INADMISSIBILITY OF HEARSAY TO SUPPORT THE ALLEGATION
 THAT DISCRIMINATION OCCURRED.
   (C) FOR EVIDENCE OF A REPORT OR STATEMENT TO BE ADMISSIBLE UNDER  THIS
 RULE,  SUCH  REPORT  OR  STATEMENT  MUST  HAVE BEEN MADE BEFORE THE LAST
 ADVERSE ACTION COMPLAINED OF IS TAKEN, OR PROMPTLY AFTER SUCH ACTION  IS
 TAKEN.    PROMPTNESS SHALL BE DETERMINED BY ALL FACTS AND CIRCUMSTANCES,
 GIVING DUE REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER,  THE  MENTAL
 STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
 MATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13236-07-2
 A. 9045--A                          2
              

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