S T A T E   O F   N E W   Y O R K
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                                  1936--A
                                                         Cal. No. 902
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. JOYNER, MOSLEY, JEAN-PIERRE, ORTIZ, NIOU, GOTT-
   FRIED, BLAKE, BRAUNSTEIN, RICHARDSON, CRESPO, SIMON,  WEPRIN,  TAYLOR,
   LAVINE,  McDONALD,  BARRON,  WILLIAMS, D'URSO, JAFFEE, COLTON, RIVERA,
   EPSTEIN, PERRY, DAVILA -- Multi-Sponsored by -- M. of A. DE LA ROSA --
   read once and referred to the Committee on Judiciary -- recommitted to
   the Committee on Judiciary in accordance with Assembly Rule 3, sec.  2
   --  reported  and  referred  to  the  Committee  on  Ways and Means --
   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 judiciary law, in relation to requiring the office
   of court administration  to  collect  and  maintain  data  on  limited
   English proficient litigants in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new section 391 to
 read as follows:
   § 391. LIMITED ENGLISH PROFICIENT LITIGANTS' DATA. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PRIMARY LANGUAGE"  MEANS  THE  DOMINANT  LANGUAGE  AN  INDIVIDUAL
 SPEAKS  IN EVERYDAY SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR HOME,
 WORK, SCHOOL, AND COMMUNITY ENVIRONMENTS;
   (B) "LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUAL" MEANS A  PARTICIPANT
 IN  A LEGAL PROCEEDING, WHOSE LIMITED ABILITY TO SPEAK OR UNDERSTAND THE
 ENGLISH LANGUAGE, HAS CREATED A COMMUNICATIONS BARRIER TO  UNDERSTANDING
 HIS  OR  HER  LEGAL  RIGHTS OR IMPAIRS HIS OR HER ABILITY TO PARTICIPATE
 FULLY IN COURT PROGRAMS OR SERVICES;
   (C) "LANGUAGE ASSISTANCE SERVICES" MEANS  ORAL  AND  WRITTEN  SERVICES
 NEEDED  TO  ASSIST LEP INDIVIDUALS TO COMMUNICATE EFFECTIVELY WITH COURT
 PERSONNEL AND TO PROVIDE LEP INDIVIDUALS WITH MEANINGFUL ACCESS TO,  AND
 AN  EQUAL  OPPORTUNITY  TO  PARTICIPATE  FULLY  IN,  COURT  PROGRAMS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06703-02-8

 A. 1936--A                          2
 
 SERVICES, SO THAT LEP INDIVIDUALS ARE PLACED IN  THE  SAME  POSITION  AS
 SIMILARLY SITUATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER; AND
   (D)  "TRANSLATION  SERVICES"  MEANS INTERPRETING THE WORDS USED BY THE
 JUDGE, PARTIES AND RELEVANT PARTICIPANTS  IN  A  LEGAL  PROCEEDING  FROM
 ENGLISH  INTO  AN LEP INDIVIDUAL'S PRIMARY LANGUAGE AND INTERPRETING THE
 WORDS USED BY THE LEP INDIVIDUAL BACK TO ENGLISH.
   2. THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN  DATA
 ON  ALL  LIMITED  ENGLISH  PROFICIENT  INDIVIDUALS  WHO ARE LITIGANTS IN
 COURTS WITHIN THIS STATE.  AT A MINIMUM, THE OFFICE  OF  COURT  ADMINIS-
 TRATION SHALL COLLECT AND MAINTAIN DATA ON THE FOLLOWING:
   (A) THE NUMBER OF LIMITED ENGLISH PROFICIENT INDIVIDUALS WHO ARE LITI-
 GANTS  IN  COURTS  WITHIN THIS STATE, DISAGGREGATED BY COURT AND COUNTY,
 AND THE PRIMARY LANGUAGE OF SUCH INDIVIDUALS;
   (B) THE NUMBER OF SUCH LIMITED ENGLISH PROFICIENT INDIVIDUALS ACTUALLY
 SERVED, DISAGGREGATED BY COURT AND COUNTY, THE TYPE OF LANGUAGE  ASSIST-
 ANCE  SERVICES  PROVIDED  AND  THE  PRIMARY  LANGUAGE  OF THE INDIVIDUAL
 SERVED; AND
   (C) THE NUMBER OF INTERPRETER PERSONNEL EMPLOYED BY THE COURTS, DISAG-
 GREGATED BY COURT AND COUNTY AND THE LANGUAGE TRANSLATED OR  INTERPRETED
 BY SUCH PERSONNEL.
   3.  THE OFFICE OF COURT ADMINISTRATION SHALL MAKE THE DATA REQUIRED BY
 THIS SECTION PUBLICLY AVAILABLE ON ITS WEBSITE, PROVIDED, HOWEVER,  THAT
 SUCH  DATA SHALL NOT INCLUDE IDENTIFYING INFORMATION AND NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PERMIT THE OFFICE OF COURT  ADMINISTRATION
 TO USE, DISSEMINATE, OR PUBLISH ANY IDENTIFYING INFORMATION INCLUDING AN
 INDIVIDUAL'S NAME, DATE OF BIRTH, SOCIAL SECURITY NUMBER, DOCKET NUMBER,
 OR OTHER UNIQUE IDENTIFIER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.