Assembly Bill A9438

2021-2022 Legislative Session

Requires accurate interpretation of statements made by deponents with limited English proficiency in accusatory instruments and supporting depositions

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A9438 (ACTIVE) - Details

See Senate Version of this Bill:
S6857
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §100.40, CP L
Versions Introduced in 2023-2024 Legislative Session:
A129, A9122, S2193, S8687

2021-A9438 (ACTIVE) - Summary

Provides that an accusatory instrument or supporting deposition consisting of factual allegations by a deponent with limited English proficiency is not sufficient unless accompanied by a sworn statement from an interpreter affirming the accuracy of the English interpretation.

2021-A9438 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9438
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   accurate  interpretation  of statements made by deponents with limited
   English proficiency in accusatory instruments and  supporting  deposi-
   tions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 100.40 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, WHERE THE
 FACTUAL ALLEGATIONS OF AN ACCUSATORY INSTRUMENT  AND/OR  ANY  SUPPORTING
 DEPOSITION  FILED IN CONNECTION WITH SUCH INSTRUMENT CONSIST OF A STATE-
 MENT MADE BY A DEPONENT TO  A  PUBLIC  SERVANT  OR  OTHER  PERSON  IN  A
 LANGUAGE  OTHER  THAN  ENGLISH,  SUCH INSTRUMENT SHALL NOT BE SUFFICIENT
 UNLESS IT IS ACCOMPANIED BY:
   (A) (I)  A  STATEMENT  OF  THE  FACTUAL  ALLEGATIONS  WRITTEN  IN  THE
 DEPONENT'S  PRIMARY  LANGUAGE AND A SIGNED VERIFICATION UNDER PENALTY OF
 PERJURY IN THE DEPONENT'S PRIMARY  LANGUAGE;  (II)  AN  ENGLISH-LANGUAGE
 TRANSLATION  OF THE DEPONENT'S STATEMENT AND OF THE VERIFICATION WRITTEN
 BY AN INTERPRETER; AND (III) AN AFFIDAVIT BY THE INTERPRETER STATING THE
 INTERPRETER'S QUALIFICATIONS AND AFFIRMING THE ACCURACY OF  SUCH  TRANS-
 LATION; OR
   (B)  (I) A WRITTEN ENGLISH-LANGUAGE TRANSLATION OF THE DEPONENT'S ORAL
 OR WRITTEN STATEMENT OF THE FACTUAL ALLEGATIONS, DRAFTED  BY  AN  INTER-
 PRETER;  AND  (II)  AN  AFFIDAVIT  FROM THE INTERPRETER: (A) STATING THE
 INTERPRETER'S QUALIFICATIONS; (B) AFFIRMING THAT THE  INTERPRETER  ACCU-
 RATELY  TRANSLATED  SUCH  STATEMENT INTO ENGLISH; (C) AFFIRMING THAT THE
 INTERPRETER ACCURATELY COMMUNICATED THE CONTENT OF THE STATEMENT TO  THE
 DEPONENT  IN  THE  DEPONENT'S  PRIMARY  LANGUAGE; (D) AFFIRMING THAT THE
 DEPONENT CONFIRMED THE ACCURACY OF THE ALLEGATIONS AS COMMUNICATED;  AND
 (E)  AFFIRMING  THAT THE INTERPRETER ACCURATELY TRANSLATED THE VERIFICA-
 TION STATEMENT TO THE WITNESS IN THE WITNESS'S PRIMARY LANGUAGE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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