Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2024 |
print number 1697a |
Jan 05, 2024 |
amend and recommit to judiciary |
Jan 03, 2024 |
referred to judiciary |
Jan 17, 2023 |
referred to judiciary |
Assembly Bill A1697A
2023-2024 Legislative Session
Sponsored By
ROSENTHAL L
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
Actions
Bill Amendments
2023-A1697 - Details
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
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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