S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4147
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 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.
              

                                                            LBD01003-01-9

 S. 4147                             2
 
 other county in which the appointment or compensation  of  court  inter-
 preters  therein is governed by a special or local act or by any special
 provision of a general act.
   § 3. Section 387 of the judiciary law, as amended by chapter 15 of the
 laws of 1975, is amended to read as follows:
   §  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.
   §  4.  The judiciary law is amended by adding two new sections 381 and
 382 to read as follows:
   § 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.
   § 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

 S. 4147                             3
 
 NON-ENGLISH  SPEAKING  PARTY  HAS  CONSULTED WITH COUNSEL, RECEIVED ORAL
 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.
   § 5. This act shall take effect immediately.