S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  754--A
                                                         Cal. No. 376
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced  by M. of A. JOYNER, ORTIZ, GOTTFRIED, SIMON, BARRON, D'URSO,
   JAFFEE, COLTON, PERRY, WEPRIN, CRUZ, REYES -- read once  and  referred
   to  the Committee on Judiciary -- reported and referred to the Commit-
   tee 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 A LITIGANT SPEAKS
 IN EVERYDAY SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR  HOME,  WORK,
 SCHOOL, AND COMMUNITY ENVIRONMENTS;
   (B) "LIMITED ENGLISH PROFICIENT (LEP) LITIGANT" 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; AND
   (C) "LANGUAGE ASSISTANCE SERVICES" MEANS  ORAL  AND  WRITTEN  SERVICES
 NEEDED  TO  ASSIST  LEP  LITIGANTS TO COMMUNICATE EFFECTIVELY WITH COURT
 PERSONNEL AND TO PROVIDE LEP LITIGANTS WITH MEANINGFUL ACCESS TO, AND AN
 EQUAL OPPORTUNITY TO PARTICIPATE FULLY IN, COURT PROGRAMS  OR  SERVICES,
 SO THAT LEP LITIGANTS ARE PLACED IN THE SAME POSITION AS SIMILARLY SITU-
 ATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER.
   2.  THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN DATA
 ON ALL LIMITED ENGLISH PROFICIENT LITIGANTS IN ALL  COURTS  WITHIN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00094-09-9

 A. 754--A                           2
 
 STATE;  PROVIDED,  HOWEVER,  THAT  SUCH DATA SHALL NOT BE COLLECTED FROM
 THOSE COURTS DESIGNATED AS TOWN OR VILLAGE COURTS.   AT A  MINIMUM,  THE
 OFFICE  OF  COURT  ADMINISTRATION SHALL COLLECT AND MAINTAIN DATA ON THE
 FOLLOWING:
   (A)  THE  NUMBER OF LIMITED ENGLISH PROFICIENT LITIGANTS WHO ARE LITI-
 GANTS IN COURTS WITHIN THIS STATE, DISAGGREGATED BY  COURT  AND  COUNTY,
 AND THE PRIMARY LANGUAGE OF SUCH LITIGANTS;
   (B)  THE  NUMBER  OF SUCH LIMITED ENGLISH PROFICIENT LITIGANTS SERVED,
 DISAGGREGATED BY COURT AND  COUNTY,  THE  TYPE  OF  LANGUAGE  ASSISTANCE
 SERVICES PROVIDED AND THE PRIMARY LANGUAGE OF THE LITIGANT 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 A
 LITIGANT'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. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.