Assembly Bill A8812

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8812
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   business records exception to hearsay
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision (a) of rule 4518 of the civil practice law  and
 rules, as amended by chapter 741 of the laws of 2005, is amended to read
 as follows:
   (a)  Generally.  1.  Any  writing or record, whether in the form of an
 entry in a book or otherwise, made as a memorandum or record of any act,
 transaction, occurrence or event, shall be  admissible  in  evidence  in
 proof of that act, transaction, occurrence or event, if the judge finds:
 (I)  that  it was made in the regular course of any business [and]; (II)
 that it was the regular course of such business  to  make  it[,];  (III)
 THAT  THE ENTRY WAS MADE at the time of the act, transaction, occurrence
 or event, or within a reasonable time  thereafter;  AND  (IV)  THAT  THE
 WRITING OR RECORD WAS MADE UPON THE RECORDER'S OWN PERSONAL KNOWLEDGE OR
 FROM  INFORMATION  GIVEN  TO THE RECORDER BY SOMEONE WITH PERSONAL KNOW-
 LEDGE AND A BUSINESS DUTY TO TRANSMIT THE INFORMATION ACCURATELY OR FROM
 INFORMATION RECEIVED BY THE RECORDER WHICH IS SUBJECT TO AN EXCEPTION TO
 THE RULE BARRING THE ADMISSION OF HEARSAY. FOR  A  HOSPITAL  OR  MEDICAL
 OFFICE RECORD, THE ENTRY MUST ALSO BE GERMANE TO THE PATIENT'S TREATMENT
 OR DIAGNOSIS.
   2.  An  electronic  record, as defined in section three hundred two of
 the state technology law, used or stored as such a memorandum or record,
 shall be admissible in a tangible exhibit that is a  true  and  accurate
 representation of such electronic record.
   3. The court may consider the method or manner by which the electronic
 record  was  stored,  maintained or retrieved in determining whether the
 exhibit is a true and accurate representation of such electronic record.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11844-01-5
              

 A. 8812                             2
 
 All other circumstances of the  making  of  the  memorandum  or  record,
 including  lack  of  personal  knowledge  by the maker, may be proved to
 affect its weight, but they shall not affect its admissibility. The term
 business  includes  a  business,  profession,  occupation and calling of
 every kind.
   § 2. This act shall take effect immediately.