Bill Text: NY S07801 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-06 - SUBSTITUTED BY A8081B [S07801 Detail]

Download: New_York-2023-S07801-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7801--A
            Cal. No. 946

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 11, 2023
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in 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:

     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  the "stop civil discrimination act".
     3    § 2.  Subdivision (b) of rule 306 of the civil practice law and rules,
     4  as  amended  by  chapter  103 of the laws of 1977, is amended to read as
     5  follows:
     6    (b) Personal service. Whenever service is made pursuant to this  arti-
     7  cle  by delivery of the summons to an individual, proof of service shall
     8  also include, in addition to any other requirement, a description of the
     9  person to whom it was so delivered, including, but not limited to, [sex,
    10  color of skin] the process server's perception of the person's:  gender,
    11  race,  hair  color,  approximate age, approximate weight and height, and
    12  other identifying features.
    13    § 3. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13038-05-4