Assembly Bill A10245

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10245

                          I N  A S S E M B L Y

                              May 18, 2016
                               ___________

Introduced by M. of A. JOYNER -- read once and referred to the Committee
  on Judiciary

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:

  Section 1. The judiciary law is amended by adding a new section 391 to
read as follows:
  S 391. LIMITED ENGLISH PROFICIENT LITIGANTS DATA. 1. FOR THE  PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "LANGUAGE  ASSISTANCE  SERVICES"  MEANS  INTERPRETATION  SERVICES
AND/OR TRANSLATION SERVICES  PROVIDED  BY  INTERPRETER  PERSONNEL  TO  A
LIMITED  ENGLISH PROFICIENT INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE TO
ENSURE SUCH INDIVIDUAL'S  ABILITY  TO  COMMUNICATE  EFFECTIVELY  WITH  A
COURT, COURT PERSONNEL AND OTHER PARTIES;
  (B)  "LIMITED  ENGLISH  PROFICIENT INDIVIDUAL" MEANS AN INDIVIDUAL WHO
IDENTIFIES AS BEING, OR IS EVIDENTLY, UNABLE TO COMMUNICATE MEANINGFULLY
WITH A COURT, COURT PERSONNEL AND OTHER PARTIES BECAUSE ENGLISH  IS  NOT
HIS OR HER PRIMARY LANGUAGE;
  (C)  "PRIMARY  LANGUAGE" MEANS THE LANGUAGE IN WHICH A LIMITED ENGLISH
PROFICIENT INDIVIDUAL CHOOSES TO COMMUNICATE WITH OTHERS; AND
  (D) "TRANSLATION SERVICES" MEANS ORAL EXPLANATION  OR  WRITTEN  TRANS-
LATION OF DOCUMENTS.
  2.  THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN DATA
ON ALL LIMITED ENGLISH  PROFICIENT  INDIVIDUALS  WHO  ARE  LITIGANTS  IN
COURTS  WITHIN  THIS STATE.   AT A MINIMUM, THE OFFICE OF COURT ADMINIS-
TRATION SHALL COLLECT AND MAINTAIN DATA ON THE FOLLOWING:
  (A) THE NUMBER OF LIMITED ENGLISH PROFICIENT INDIVIDUALS WHO ARE LITI-
GANTS IN COURTS WITHIN THIS STATE, DISAGGREGATED BY  COURT  AND  COUNTY,
AND THE PRIMARY LANGUAGE OF SUCH INDIVIDUALS;
  (B) THE NUMBER OF SUCH LIMITED ENGLISH PROFICIENT INDIVIDUALS ACTUALLY
SERVED,  DISAGGREGATED BY COURT AND COUNTY, THE TYPE OF LANGUAGE ASSIST-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15070-01-6
              

A. 10245                            2

ANCE SERVICES PROVIDED  AND  THE  PRIMARY  LANGUAGE  OF  THE  INDIVIDUAL
SERVED; AND
  (C) THE NUMBER OF INTERPRETER PERSONNEL EMPLOYED BY THE COURTS, DISAG-
GREGATED  BY COURT AND COUNTY AND THE LANGUAGE TRANSLATED OR INTERPRETED
BY SUCH PERSONNEL.
  3. THE OFFICE OF COURT ADMINISTRATION SHALL MAKE THE DATA REQUIRED  BY
THIS SECTION PUBLICLY AVAILABLE ON ITS WEBSITE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.