Assembly Bill A1697A

2023-2024 Legislative Session

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

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Current 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

2023-A1697 - Details

See Senate Version of this Bill:
S2573
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4551, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A9045, S8297

2023-A1697 - 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.

2023-A1697 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1697
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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 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.
                                                            LBD05775-01-3
              

2023-A1697A (ACTIVE) - Details

See Senate Version of this Bill:
S2573
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4551, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A9045, S8297

2023-A1697A (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.

2023-A1697A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1697--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 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 4551 to read as follows:
   RULE  4551.  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05775-03-3
              

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