New York S 2497: Relates to the admissibility of certain testimony and evidence by a person alleging discrimination

Bill Text

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S02497 Summary:

BILL NOS02497 

&nbsp

SAME ASSAME AS A01548

&nbsp

SPONSORGOUNARDES

&nbsp

COSPNSRKRUEGER, LIU, MAY, MYRIE, RAMOS, WEBB

&nbsp

MLTSPNSR

&nbsp

Add R4552, CPLR

&nbsp

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.

Go to top S02497 Actions:

BILL NOS02497 

&nbsp

01/21/2025REFERRED TO JUDICIARY

02/25/20251ST REPORT CAL.368

02/26/20252ND REPORT CAL.

03/03/2025ADVANCED TO THIRD READING 

03/04/2025PASSED SENATE

03/04/2025DELIVERED TO ASSEMBLY

03/05/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO JUDICIARY

02/04/20261ST REPORT CAL.240

02/05/20262ND REPORT CAL.

02/09/2026ADVANCED TO THIRD READING 

02/11/2026PASSED SENATE

02/11/2026DELIVERED TO ASSEMBLY

02/11/2026referred to judiciary

Go to topS02497 Committee&nbspVotes:

Go to topS02497 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02497 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2497

 2025-2026 Regular Sessions

 IN SENATE

 January 21, 2025
 ___________

 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

 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 4552 to read as follows:
 3 Rule 4552. 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,
 22 giving due regard to the sensitivity of the subject matter, the mental

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03957-01-5

 S. 2497 2

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

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