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NY S04093

NY S04093
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.


summary

Introduced
01/31/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the judiciary law, in relation to enacting the "language barrier to justice elimination act"

AI Summary

This bill enacts the "Language Barrier to Justice Elimination Act," which establishes comprehensive standards and procedures for court interpreters in New York State. The legislation defines a qualified court interpreter as someone who can accurately communicate between English and another language, preserving the meaning, tone, and nuance of the original statements, and who adheres to professional conduct standards outlined in the UCS Court Interpreter Manual. The bill requires court interpreters to state their qualifications on the record and mandates that non-English speaking persons are entitled to a qualified interpreter in both criminal and civil proceedings, unless a proper waiver is obtained. The waiver process is carefully structured, requiring that the non-English speaking party consult with counsel, receive an explanation from a judge about the waiver's implications, and demonstrate a clear understanding of their decision. Importantly, the bill stipulates that simply not requesting an interpreter does not constitute a waiver, and individuals can retract a waiver at any time during proceedings. The legislation also updates existing law by using gender-neutral language and adding requirements for interpreter training in areas such as ethics, domestic violence, and cultural sensitivity.

Committee Categories

Justice

Sponsors (2)

Last Action

REFERRED TO JUDICIARY (on 01/31/2025)

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