STATE OF NEW YORK
        ________________________________________________________________________

                                           129

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02104-01-3
        A. 129                              2

     1  deponent confirmed the accuracy of the allegations as communicated;  and
     2  (E)  affirming  that the interpreter accurately translated the verifica-
     3  tion statement to the witness in the witness's primary language.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.