S T A T E O F N E W Y O R K
________________________________________________________________________
3459
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to appointment of inter-
preter for deaf person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 390 of the judiciary law, as amended by chapter 478
of the laws of 1992, is amended to read as follows:
S 390. Appointment of interpreter for deaf person. Whenever any deaf
person is a party to a legal proceeding of any nature, or a witness
therein, the court in all instances shall appoint: 1. a qualified inter-
preter who is certified by a recognized national or New York state
credentialing authority as approved by the chief administrator of the
courts to interpret the proceeding to, and the testimony of, such deaf
person; AND 2. AN OFFICIAL COURT REPORTER TO PROVIDE REALTIME COURT
REPORTING SERVICES TO THE INDIVIDUAL REQUESTING THE SERVICES. FOR THIS
SUBDIVISION, REALTIME COURT REPORTING SERVICES SHALL MEAN INSTANTANEOUS
VOICE-TO-TEXT TRANSMISSION THAT TAKES THE SPOKEN WORD AND TRANSLATES IT
AS A VERBATIM TRANSCRIPT AND IS OUTPUTTED TO ONE OR MORE END USERS;
provided, however, where compliance with this section would cause unrea-
sonable delay in court proceedings, the court shall be authorized to
temporarily appoint an interpreter who is otherwise qualified to inter-
pret the proceedings to, and the testimony of, such deaf person until a
certified interpreter is available. In any criminal action in a state-
funded court, the court shall also appoint such an interpreter to inter-
pret the proceedings to a deaf person who is the victim of the crime or
may appoint such interpreter for the deaf members of the immediate fami-
ly (parent or spouse) of a victim of the crime when specifically
requested to do so by such victim or family member. PRIOR TO THE
COMMENCEMENT OF THE PROCEEDING, DISCLOSURE MUST BE MADE TO THE JUDGE AND
ALL PARTIES, INCLUDING THE INDIVIDUAL REQUIRING THE REALTIME COURT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07822-01-5
A. 3459 2
REPORTING SERVICES, THAT THE RECORD OF PROCEEDINGS WILL NOT INCLUDE THE
SPIRIT OF THE SPEAKER OR ENVIRONMENTAL SOUNDS, OR ANY OFF-THE-OFFICIAL-
RECORD CONVERSATIONS. The fee for all such interpreting services shall
be a charge upon the state at rates of compensation established by rule
of the chief administrator; except that where such interpreting services
are rendered in a justice court, the fee therefor shall be paid as
provided by law in effect on July first, nineteen hundred ninety-one.
S 2. This act shall take effect immediately.