Bill Text: NY A01936 | 2017-2018 | General Assembly | Amended
Bill Title: Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state; requires such information be publicly available.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2018-06-14 - amended on third reading 1936a [A01936 Detail]
Download: New_York-2017-A01936-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1936--A Cal. No. 902 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. JOYNER, MOSLEY, JEAN-PIERRE, ORTIZ, NIOU, GOTT- FRIED, BLAKE, BRAUNSTEIN, RICHARDSON, CRESPO, SIMON, WEPRIN, TAYLOR, LAVINE, McDONALD, BARRON, WILLIAMS, D'URSO, JAFFEE, COLTON, RIVERA, EPSTEIN, PERRY, DAVILA -- Multi-Sponsored by -- M. of A. DE LA ROSA -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Ways and Means -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the judiciary law, in relation to requiring the office of court administration to collect and maintain data on limited English proficient litigants in the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The judiciary law is amended by adding a new section 391 to 2 read as follows: 3 § 391. Limited English proficient litigants' data. 1. For the purposes 4 of this section, the following terms shall have the following meanings: 5 (a) "primary language" means the dominant language an individual 6 speaks in everyday situations, including but not limited to their home, 7 work, school, and community environments; 8 (b) "limited English proficient (LEP) individual" means a participant 9 in a legal proceeding, whose limited ability to speak or understand the 10 English language, has created a communications barrier to understanding 11 his or her legal rights or impairs his or her ability to participate 12 fully in court programs or services; 13 (c) "language assistance services" means oral and written services 14 needed to assist LEP individuals to communicate effectively with court 15 personnel and to provide LEP individuals with meaningful access to, and 16 an equal opportunity to participate fully in, court programs or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06703-02-8A. 1936--A 2 1 services, so that LEP individuals are placed in the same position as 2 similarly situated persons for whom there is no such barrier; and 3 (d) "translation services" means interpreting the words used by the 4 judge, parties and relevant participants in a legal proceeding from 5 English into an LEP individual's primary language and interpreting the 6 words used by the LEP individual back to English. 7 2. The office of court administration shall collect and maintain data 8 on all limited English proficient individuals who are litigants in 9 courts within this state. At a minimum, the office of court adminis- 10 tration shall collect and maintain data on the following: 11 (a) the number of limited English proficient individuals who are liti- 12 gants in courts within this state, disaggregated by court and county, 13 and the primary language of such individuals; 14 (b) the number of such limited English proficient individuals actually 15 served, disaggregated by court and county, the type of language assist- 16 ance services provided and the primary language of the individual 17 served; and 18 (c) the number of interpreter personnel employed by the courts, disag- 19 gregated by court and county and the language translated or interpreted 20 by such personnel. 21 3. The office of court administration shall make the data required by 22 this section publicly available on its website, provided, however, that 23 such data shall not include identifying information and nothing in this 24 section shall be construed to permit the office of court administration 25 to use, disseminate, or publish any identifying information including an 26 individual's name, date of birth, social security number, docket number, 27 or other unique identifier. 28 § 2. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law; provided, however, that effective immediate- 30 ly, the addition, amendment and/or repeal of any rule or regulation 31 necessary for the implementation of this act on its effective date are 32 authorized and directed to be made and completed on or before such 33 effective date.