Assembly Bill A8081

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

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Sponsored By

Current Bill Status - Delivered to Governor

  • 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

co-Sponsors

2023-A8081 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R306, CPLR

2023-A8081 - 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-A8081 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8081
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BORES,  LEE -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing proof of service to include  perceived  gender  and  race  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.  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] PERCEIVED GENDER,  RACE,  hair  color,  approximate  age,
 approximate weight and height, and other identifying features.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13038-01-3

co-Sponsors

2023-A8081A - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R306, CPLR

2023-A8081A - 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-A8081A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8081--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BORES,  LEE -- read once and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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.
                                                            LBD13038-02-3

co-Sponsors

2023-A8081B (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R306, CPLR

2023-A8081B (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-A8081B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8081--B
                                                         Cal. No. 430
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. BORES, LEE, BURDICK, SILLITTI, WEPRIN -- read
   once  and  referred  to  the  Committee  on  Judiciary  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 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 PROCESS SERVER'S PERCEPTION OF THE PERSON'S: GENDER,
 RACE, hair color, approximate 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.
                                                            LBD13038-04-4

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