NY State Senate Bill 2023-S7801

Senate Bill S7801

2023-2024 Legislative Session

Requires proof of service to include the server's perception of certain characteristics of the person to whom personal service of a summons was delivered

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Dec 11, 2023	referred to rules

2023-S7801 (ACTIVE) - Details

See Assembly Version of this Bill:: A8081
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R306, CPLR

2023-S7801 (ACTIVE) - Summary

Enacts the stop civil discrimination act requiring proof of service to include the server's perception of certain characteristics of the person to whom personal service of a summons was delivered.

2023-S7801 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7801

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to requir-
ing proof of service to include the server's perception of various char-
acteristics of the recipient in the description of the person to whom
personal service of a summons was delivered

 
PURPOSE OR GENERAL IDEA OF BILL:

Replace "sex, color of skin" with "perceived gender, race" in the civil
practice law and rules.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (b) of rule 306 of the civil
practice law and rules by replacing "sex, color of skin" with "perceived
gender, race"

JUSTIFICATION:

The phrase "color of skin" in the current text of subdivision (b) of
rule 306 of the civil practice law and rules, is offensive and anachron-
istic. For instance, when affirming that they have served legal papers
to a person of Asian descent, people interpreting the regulation liter-
ally have filed that you describe them as "yellow."  This description is
offensive to some Asian Americans while not being reflective of their
actual skin color. This bill rectifies this issue by substituting "race"
for "color of skin."

The phrase "sex" in the current text of subdivision (b) of rule 306 of
the civil practice law and rules, is similarly exclusive, particularly
when the individual being served is transgender or gender-nonconforming.

Transgender individuals may be assumed to be one sex when in fact they
are another and therefore the court will receive incorrect information.

This bill therefore replaces "sex" with "perceived gender." This bill
will fix these problematic aspects of the service process and be more
inclusive to New Yorkers of all backgrounds.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7801 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7801
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing proof of service to include the  server's  perception  of  various
   characteristics  of  the recipient in the description of the person to
   whom personal service of a summons was delivered
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "stop civil discrimination act".
   § 2.  Subdivision (b) of rule 306 of the civil practice law and rules,
 as amended by chapter 103 of the laws of 1977, is  amended  to  read  as
 follows:
   (b)  Personal service. Whenever service is made pursuant to this arti-
 cle by delivery of the summons to an individual, proof of service  shall
 also include, in addition to any other requirement, a description of the
 person to whom it was so delivered, including, but not limited to, [sex,
 color of skin] THE PERSON'S PERCEIVED: GENDER, RACE, hair color, approx-
 imate   age,  approximate  weight  and  height,  and  other  identifying
 features.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13038-03-3

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