New York S 4093: Enacts the "language barrier to justice elimination act"

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S04093 Summary:

BILL NOS04093 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRSEPULVEDA

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MLTSPNSR

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Amd §§386 & 387, add §§381 & 382, Judy L

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Enacts the "language barrier to justice elimination act"; establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding.

Go to top S04093 Actions:

BILL NOS04093 

&nbsp

01/31/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS04093 Committee&nbspVotes:

Go to topS04093 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04093 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4093

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "language barrier to justice elimination act".
 3 § 2. Section 386 of the judiciary law, as amended by chapter 259 of
 4 the laws of 1909 and as renumbered by chapter 649 of the laws of 1945,
 5 is amended to read as follows:
 6 § 386. Appointment and compensation of court interpreters generally.
 7 [-] The county judge and the district attorney of the county may appoint
 8 one interpreter, who shall act as and be the court interpreter for such
 9 county. Such interpreter shall hold office during the pleasure of the
 10 county judge and district attorney and they shall appoint [his] their
 11 successor in office. [Said] Such interpreter shall receive a salary to
 12 be fixed by the board of supervisors of said county, which shall be a
 13 charge upon the county, to be paid monthly, in the same manner as other
 14 county officials are paid. [Said] Such interpreter so appointed shall,
 15 before entering upon [his] their duties, file in the office of the coun-
 16 ty clerk, the constitutional oath of office, and an affidavit under oath
 17 or affirmation to make a true and impartial interpretation of
 18 proceedings in an understandable manner using such interpreter's best
 19 skills and judgment in accordance with the standards for professional
 20 conduct and ethical behavior found and reinforced in the UCS Court
 21 Interpreter Manual and the Court Interpreter Canons of Professional
 22 Responsibility. Court interpreters shall participate in training
 23 programs provided by the court system for court personnel on ethics,
 24 domestic violence and cultural sensitivity. The provisions of this
 25 section, however, shall not apply to the counties of New York, Kings and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07570-01-5

 S. 4093 2

 1 Queens, nor to any other county in which the appointment or compensation
 2 of court interpreters therein is governed by a special or local act or
 3 by any special provision of a general act.
 4 § 3. Section 387 of the judiciary law, as amended by chapter 15 of the
 5 laws of 1975, is amended to read as follows:
 6 § 387. Temporary appointment of interpreters. If the services of an
 7 interpreter be required in any court and there be no unemployed official
 8 interpreter to act therein, the court may appoint an interpreter to act
 9 temporarily in such court. Such interpreter shall before entering upon
 10 [his] their duties file with the clerk of the court the constitutional
 11 oath of office, and an affidavit under oath or affirmation to make a
 12 true and impartial interpretation of proceedings in an understandable
 13 manner using such interpreter's best skills and judgment in accordance
 14 with the standards for professional conduct and ethical behavior found
 15 and reinforced in the UCS Court Interpreter Manual and the Court Inter-
 16 preter Canons of Professional Responsibility. Court interpreters shall
 17 participate in training programs provided by the court system for court
 18 personnel