Bill Text: NY S02573 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-03-26 - referred to judiciary [S02573 Detail]

Download: New_York-2023-S02573-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2573--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 23, 2023
                                       ___________

        Introduced  by  Sens. GOUNARDES, KRUEGER, LIU, MAY, MYRIE, RAMOS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Judiciary -- recommitted to the Committee on Judiciary in
          accordance  with  Senate  Rule 6, sec. 8 -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05775-02-3
        S. 2573--A                          2

     1  taken.    Promptness shall be determined by all facts and circumstances,
     2  giving due regard to the sensitivity of the subject matter,  the  mental
     3  state of the party alleging discrimination, or any other relevant infor-
     4  mation.
     5    (d)  The  proponent  of  such evidence has the burden of demonstrating
     6  that the reporting was made under circumstances which render it  reason-
     7  ably reliable.
     8    (e)  This rule is only applicable in civil matters and shall not apply
     9  in criminal proceedings.
    10    § 2. This act shall take effect immediately and apply to  all  actions
    11  filed on or after such effective date.