Bill Text: NY A09122 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced) 2024-02-07 - referred to codes [A09122 Detail]

Download: New_York-2023-A09122-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9122

                   IN ASSEMBLY

                                    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:

     1    Section  1. Section 100.40 of the criminal procedure law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5. Notwithstanding any provision of law to  the  contrary,  where  the
     4  factual  allegations  of  an accusatory instrument and/or any supporting
     5  deposition filed in connection with such instrument consist of a  state-
     6  ment  made  by  a  deponent  to  a  public  servant or other person in a
     7  language other than English, such instrument  shall  not  be  sufficient
     8  unless it is accompanied by:
     9    (a)  (i)  A  statement  of  the  factual  allegations  written  in the
    10  deponent's primary language and a signed verification under  penalty  of
    11  perjury  in  the  deponent's  primary language; (ii) an English-language
    12  translation of the deponent's statement and of the verification  written
    13  by an interpreter; and (iii) an affidavit by the interpreter stating the
    14  interpreter's  qualifications  and affirming the accuracy of such trans-
    15  lation; or
    16    (b) (i) A written English-language translation of the deponent's  oral
    17  or  written  statement  of the factual allegations, drafted by an inter-
    18  preter; and (ii) an affidavit from  the  interpreter:  (A)  stating  the
    19  interpreter's  qualifications;  (B) affirming that the interpreter accu-
    20  rately translated such statement into English; (C)  affirming  that  the
    21  interpreter  accurately communicated the content of the statement to the
    22  deponent in the deponent's primary  language;  (D)  affirming  that  the
    23  deponent  confirmed the accuracy of the allegations as communicated; and
    24  (E) affirming that the interpreter accurately translated  the  verifica-
    25  tion statement to the witness in the witness's primary language.
    26    §  2.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02104-01-3