Senate Bill S5155

2023-2024 Legislative Session

Enacts the "language barrier to justice elimination act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5155 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §§386 & 387, add §§381 & 382, Judy L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1094
2013-2014: S2847
2015-2016: S671
2017-2018: S2682
2019-2020: S4147
2021-2022: S4418

2023-S5155 (ACTIVE) - Summary

Enacts the "language barrier to justice elimination act"; establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding.

2023-S5155 (ACTIVE) - Sponsor Memo

2023-S5155 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5155
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to enacting the "language
   barrier to justice elimination act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as the  "language
 barrier to justice elimination act".
   §  2.   Section 386 of the judiciary law, as amended by chapter 259 of
 the laws of 1909 and as renumbered by chapter 649 of the laws  of  1945,
 is amended to read as follows:
   §  386.  Appointment and compensation of court interpreters generally.
 The county judge and the district attorney of the county may appoint one
 interpreter, who shall act as and be  the  court  interpreter  for  such
 county.    Such interpreter shall hold office during the pleasure of the
 county judge and district attorney and they shall  appoint  his  OR  HER
 successor  in  office.    Said  interpreter shall receive a salary to be
 fixed by the board of supervisors of  said  county,  which  shall  be  a
 charge  upon the county, to be paid monthly, in the same manner as other
 county officials are paid. Said interpreter so appointed  shall,  before
 entering upon his OR HER duties, file in the office of the county clerk,
 the constitutional oath of office, AND AN AFFIDAVIT UNDER OATH OR AFFIR-
 MATION  TO MAKE A TRUE AND IMPARTIAL INTERPRETATION OF PROCEEDINGS IN AN
 UNDERSTANDABLE MANNER USING SUCH INTERPRETER'S BEST SKILLS AND  JUDGMENT
 IN  ACCORDANCE  WITH  THE STANDARDS FOR PROFESSIONAL CONDUCT AND ETHICAL
 BEHAVIOR FOUND AND REINFORCED IN THE UCS COURT  INTERPRETER  MANUAL  AND
 THE  COURT  INTERPRETER  CANONS  OF  PROFESSIONAL  RESPONSIBILITY. COURT
 INTERPRETERS SHALL PARTICIPATE IN  TRAINING  PROGRAMS  PROVIDED  BY  THE
 COURT  SYSTEM  FOR  COURT  PERSONNEL  ON  ETHICS,  DOMESTIC VIOLENCE AND
 CULTURAL SENSITIVITY.  The provisions of this  section,  however,  shall
 not  apply  to  the  counties  of New York, Kings and Queens, nor to any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07208-01-3
              

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