Assembly Bill A9122

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via S8687 - Passed Assembly

  • 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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2023-A9122 (ACTIVE) - Details

See Senate Version of this Bill:
S8687
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §100.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A9438, S6857

2023-A9122 (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.

2023-A9122 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9122
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced by M. of A. CRUZ, DE LOS SANTOS, SIMONE, KELLES, SIMON, RAGA,
   TAYLOR,  SEAWRIGHT,  LEVENBERG,  OTIS, WALKER, DAVILA, GLICK, ZACCARO,
   ZINERMAN, L. ROSENTHAL -- 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.

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