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A08081 Summary:

BILL NOA08081B
 
SAME ASSAME AS S07801-A
 
SPONSORBores
 
COSPNSRLee, Burdick, Sillitti, Weprin
 
MLTSPNSR
 
Amd R306, CPLR
 
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.
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A08081 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8081--B
                                                                Cal. No. 430
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 27, 2023
                                       ___________
 
        Introduced  by  M.  of  A. BORES, LEE, BURDICK, SILLITTI, WEPRIN -- read
          once  and  referred  to  the  Committee  on  Judiciary  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Judiciary in
          accordance with Assembly Rule 3, sec. 2 --  reported  from  committee,
          advanced  to a third reading, amended and ordered reprinted, retaining
          its place on 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.
                                                                   LBD13038-04-4
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