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NY S02573

Bill

Status

Engrossed

4/17/2023

Primary Sponsor

Andrew Gounardes

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Creates a new rule of evidence (Rule 4551) in civil cases permitting hearsay testimony about discrimination reports as an exception to normal hearsay rules.

  • Applies to reports of unlawful discriminatory practices under New York Executive Law Article 15, including discrimination based on race, creed, color, national origin, sexual orientation, gender identity, military status, age, sex, marital status, childbearing potential, disability, or familial status.

  • Requires that discrimination reports or statements must have been made before the last adverse action complained of or promptly thereafter, with promptness determined by all facts and circumstances including the sensitivity of the subject matter and mental state of the person reporting.

  • Places the burden on the party offering such evidence to demonstrate the reporting was made under circumstances rendering it reasonably reliable.

  • Applies only to civil matters and does not apply in criminal proceedings; takes effect immediately and applies to all actions filed on or after the effective date.

Legislative Description

Permits the admissibility of testimony that a person reported acts of discrimination to another person in a civil trial under the human rights law, including the contents of such report.

Last Action

referred to judiciary

3/26/2024

Committee Referrals

Judiciary3/26/2024
Judiciary1/3/2024
Judiciary4/17/2023
Judiciary1/23/2023

Full Bill Text

No bill text available