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S07801 Summary:

BILL NOS07801A
 
SAME ASSAME AS A08081-B
 
SPONSORLIU
 
COSPNSR
 
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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S07801 Text:



 
                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
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