senate Bill S8297A

2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2022 referred to judiciary
delivered to assembly
passed senate
May 31, 2022 ordered to third reading cal.1660
committee discharged and committed to rules
May 24, 2022 print number 8297a
May 24, 2022 amend and recommit to judiciary
Feb 10, 2022 referred to judiciary

Co-Sponsors

view additional co-sponsors

S8297 - Details

See Assembly Version of this Bill:
A9045
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4550, CPLR

S8297 - 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.

S8297 - Sponsor Memo

S8297 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8297
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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.

Co-Sponsors

view additional co-sponsors

S8297A (ACTIVE) - Details

See Assembly Version of this Bill:
A9045
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4550, CPLR

S8297A (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.

S8297A (ACTIVE) - Sponsor Memo

S8297A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8297--A
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  BIAGGI, KRUEGER, LIU, MYRIE, RAMOS --
   read twice and ordered printed, and when printed to  be  committed  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.
                                                            LBD13236-06-2

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