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
              

 A. 1697--A                          2
 
 GIVING  DUE  REGARD TO THE SENSITIVITY OF THE SUBJECT MATTER, THE MENTAL
 STATE OF THE PARTY ALLEGING DISCRIMINATION, OR ANY OTHER RELEVANT INFOR-
 MATION.
   (D)  THE  PROPONENT  OF  SUCH EVIDENCE HAS THE BURDEN OF DEMONSTRATING
 THAT THE REPORTING WAS MADE UNDER CIRCUMSTANCES WHICH RENDER IT  REASON-
 ABLY RELIABLE.
   (E)  THIS RULE IS ONLY APPLICABLE IN CIVIL MATTERS AND SHALL NOT APPLY
 IN CRIMINAL PROCEEDINGS.
   § 2. This act shall take effect immediately and apply to  all  actions
 filed on or after such effective date.