S T A T E   O F   N E W   Y O R K
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                                  4432

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the judiciary law, in relation to standards and  waivers
  regarding qualified court interpreters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 386 of the judiciary law, as renumbered by  chapter
649  of  the  laws  of 1945 and as amended by chapter 259 of the laws of
1909, is amended to read as follows:
  S 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
other county in which the appointment or compensation  of  court  inter-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07545-01-9

              

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preters  therein is governed by a special or local act or by any special
provision of a general act.
  S 2. Section 387 of the judiciary law, as amended by chapter 15 of the
laws of 1975, is amended to read as follows:
  S  387.  Temporary  appointment of interpreters. If the services of an
interpreter be required in any court and there be no unemployed official
interpreter to act therein, the court may appoint an interpreter to  act
temporarily  in  such court. Such interpreter shall before entering upon
his duties file with the clerk of the court the constitutional  oath  of
office,  AND  AN  AFFIDAVIT UNDER OATH OR AFFIRMATION 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 REIN-
FORCED IN THE UCS COURT INTERPRETER MANUAL  AND  THE  COURT  INTERPRETER
CANONS  OF PROFESSIONAL RESPONSIBILITY. COURT INTERPRETERS SHALL PARTIC-
IPATE IN TRAINING PROGRAMS  PROVIDED  BY  THE  COURT  SYSTEM  FOR  COURT
PERSONNEL  ON  ETHICS,  DOMESTIC VIOLENCE AND CULTURAL SENSITIVITY.  The
court shall fix the compensation of such interpreter at  not  more  than
twenty-five  dollars  per day for each day's actual attendance by direc-
tion of the presiding judge or justice and such  compensation  shall  be
paid from the court fund of the county upon the order of the court.
  S  3.  The judiciary law is amended by adding two new sections 381 and
382 to read as follows:
  S 381. STANDARDS AND FUNCTIONS OF COURT INTERPRETERS. 1.  A  QUALIFIED
INTERPRETER IS A PERSON WHO IS: (A) ABLE TO COMMUNICATE WITH NON-ENGLISH
SPEAKING  PERSONS  TO  ORALLY  TRANSFER THE MEANING OF STATEMENTS TO AND
FROM ENGLISH AND THE LANGUAGE SPOKEN BY A NON-ENGLISH SPEAKING PERSON;
  (B) INTERPRET IN A MANNER THAT CONSERVES THE MEANING, TONE, LEVEL  AND
REGISTER  OF  THE  ORIGINAL  STATEMENT  WITHOUT SUBSTANTIVE ADDITIONS OR
OMISSIONS; AND
  (C) PERFORMS HIS OR HER DUTIES IN CONFORMANCE WITH  THE  STANDARDS  OF
PROFESSIONAL  CONDUCT  AND  ETHICAL BEHAVIOR FOUND AND REINFORCED IN THE
UCS COURT INTERPRETER MANUAL AND THE COURT INTERPRETER CANONS OF PROFES-
SIONAL RESPONSIBILITY.
  2.  ANY  PERSON  SERVING  AS  A  COURT  INTERPRETER  PURSUANT  TO  THE
PROVISIONS  OF  THIS  ARTICLE  SHALL,  IN ANY PROCEEDING BEFORE A COURT,
STATE AGENCY OR HEARING OFFICER, STATE OR SUBMIT  SUCH  PERSON'S  QUALI-
FICATIONS ON THE RECORD, UNLESS WAIVED OR OTHERWISE STIPULATED TO BY THE
PARTIES OR COUNSEL TO THE PARTIES PRIOR TO SUCH PROCEEDING.
  3.  A NON-ENGLISH SPEAKING PERSON SHALL BE ENTITLED TO THE SERVICES OF
A QUALIFIED COURT INTERPRETER APPOINTED BY A COURT OR STATE AGENCY IN  A
CRIMINAL  OR  CIVIL  PROCEEDING,  AND  SUCH COURT OR STATE AGENCY SHALL,
UNLESS WAIVED PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THIS ARTI-
CLE, APPOINT A QUALIFIED  COURT  INTERPRETER  IN  A  CIVIL  OR  CRIMINAL
PROCEEDING  TO:  (A) INTERPRET THE PROCEEDINGS TO A NON-ENGLISH SPEAKING
PARTY;
  (B) INTERPRET  THE  TESTIMONY  OF  A  NON-ENGLISH  SPEAKING  PARTY  OR
WITNESS;
  (C)  ASSIST  THE COURT, AGENCY OR HEARING OFFICER IN PERFORMING DUTIES
AND RESPONSIBILITIES OF THE COURT, AGENCY  OR  HEARING  OFFICER  IN  ANY
PROCEEDING  INVOLVING  ONE  OR MORE PARTIES WHO ARE NON-ENGLISH SPEAKING
PERSONS.
  S 382.  WAIVER OF COURT INTERPRETER. 1. WAIVER  OF  THE  RIGHT  TO  AN
INTERPRETER  BY  A  NON-ENGLISH SPEAKING PARTY TO A PROCEEDING  SHALL BE
EFFECTIVE ONLY WHEN APPROVED BY A JUDGE OR HEARING  OFFICER  AFTER  SUCH
NON-ENGLISH  SPEAKING  PARTY  HAS  CONSULTED WITH COUNSEL, RECEIVED ORAL

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COUNSEL FROM A JUDGE OR HEARING OFFICER IN OPEN COURT AS TO  THE  NATURE
AND  EFFECT OF SUCH WAIVER, AND HAS DEMONSTRATED, TO THE SATISFACTION OF
SUCH JUDGE OR HEARING OFFICER, COMPREHENSION OF SUCH NATURE  AND  EFFECT
AND  THAT  SUCH  WAIVER  IS  KNOWINGLY  AND  VOLUNTARILY MADE. FOLLOWING
APPROVAL OF A WAIVER, A JUDGE OR HEARING OFFICER  SHALL  ENSURE  THAT  A
RECITATION OF THE WAIVER PROCEDURE PURSUANT TO THIS SECTION IS MADE PART
OF THE RECORD OF SUCH PROCEEDING.
  2.  THE  FAILURE OF A NON-ENGLISH SPEAKING PERSON TO REQUEST AN INTER-
PRETER SHALL NOT BE DEEMED A  WAIVER  OF  SUCH  RIGHT.  ANY  NON-ENGLISH
SPEAKING PERSON MAY RETRACT A WAIVER MADE PURSUANT TO SUBDIVISION ONE OF
THIS  SECTION  AT ANY TIME DURING THE PROCEEDING AND INDICATE HIS OR HER
DESIRE TO BE ASSISTED BY A QUALIFIED INTERPRETER.
  S 4. This act shall take effect immediately.