Bill Text: NY S00877 | 2019-2020 | General Assembly | Amended
Bill Title: Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-02-24 - referred to codes [S00877 Detail]
Download: New_York-2019-S00877-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 877--A 2019-2020 Regular Sessions IN SENATE January 9, 2019 ___________ Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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 chang- ing reference from physician, osteopath or dentist to health care practitioner The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Rule 2106 of the civil practice law and rules, as amended 2 by chapter 380 of the laws of 2014, is amended to read as follows: 3 Rule 2106. Affirmation of truth of statement. (a) The statement of an 4 attorney admitted to practice in the courts of the state, or of a 5 [physician, osteopath or dentist] health care practitioner licensed, 6 certified, or authorized [by] under title eight of the education law to 7 practice in the state, who is not a party to an action, when subscribed 8 and affirmed by him or her to be true under the penalties of perjury, 9 may be served or filed in the action in lieu of and with the same force 10 and effect as an affidavit. 11 (b) The statement of any person, when that person is physically 12 located outside the geographic boundaries of the United States, Puerto 13 Rico, the United States Virgin Islands, or any territory or insular 14 possession subject to the jurisdiction of the United States, subscribed 15 and affirmed by that person to be true under the penalties of perjury, 16 may be used in an action in lieu of and with the same force and effect 17 as an affidavit. Such affirmation shall be in substantially the follow- 18 ing form: 19 I affirm this ___ day of ______, ____, under the penalties of perjury 20 under the laws of New York, which may include a fine or imprisonment, 21 that I am physically located outside the geographic boundaries of the 22 United States, Puerto Rico, the United States Virgin Islands, or any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03378-03-9S. 877--A 2 1 territory or insular possession subject to the jurisdiction of the 2 United States, that the foregoing is true, and I understand that this 3 document may be filed in an action or proceeding in a court of law. 4 (Signature) 5 § 2. This act shall take effect immediately.
