New York Assembly Bill A01697 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1697--A 2023-2024 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. The civil practice law and rules is amended by adding a 2 new rule 4551 to read as follows: 3 Rule 4551. Admissibility of allegations of discrimination; hearsay 4 exception. (a) When used in this rule, "discrimination" shall mean any 5 unlawful discriminatory practice pursuant to article fifteen of the 6 executive law, including unlawful discriminatory practices based on 7 race, creed, color, national origin, sexual orientation, gender identity 8 or expression, military status, age, sex, marital status, childbearing 9 potential, disability, or familial status. 10 (b) In a civil action, at the trial or upon the hearing of a motion or 11 an interlocutory proceeding, evidence that a party alleging discrimi- 12 nation, including but not limited to sexual harassment and/or miscon- 13 duct, reported such discrimination or facts giving rise to an inference 14 of such discrimination to another person, including evidence concerning 15 the contents of such report or statement of facts, may be admitted as an 16 exception to the inadmissibility of hearsay to support the allegation 17 that discrimination occurred. 18 (c) For evidence of a report or statement to be admissible under this 19 rule, such report or statement must have been made before the last 20 adverse action complained of is taken, or promptly after such action is 21 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 1 giving due regard to the sensitivity of the subject matter, the mental 2 state of the party alleging discrimination, or any other relevant infor- 3 mation. 4 (d) The proponent of such evidence has the burden of demonstrating 5 that the reporting was made under circumstances which render it reason- 6 ably reliable. 7 (e) This rule is only applicable in civil matters and shall not apply 8 in criminal proceedings. 9 § 2. This act shall take effect immediately and apply to all actions 10 filed on or after such effective date.