senate Bill S5533B

Signed By Governor
2015-2016 Legislative Session

Expands provisions to enable persons who are deaf or hard of hearing to participate in court proceedings

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Archive: Last Bill Status Via A7939 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 25, 2015 signed chap.272
Sep 15, 2015 delivered to governor
Jun 18, 2015 returned to assembly
passed senate
substituted for s5533b
Jun 18, 2015 substituted by a7939a
ordered to third reading cal.1860
committee discharged and committed to rules
Jun 11, 2015 print number 5533b
Jun 11, 2015 amend (t) and recommit to judiciary
Jun 01, 2015 print number 5533a
Jun 01, 2015 amend and recommit to judiciary
May 14, 2015 referred to judiciary

S5533 - Details

See Assembly Version of this Bill:
A7939
Law Section:
Judiciary Law
Laws Affected:
Amd §390, Judy L

S5533 - Summary

Expands provisions to enable persons who are deaf or hard of hearing to participate in court proceedings.

S5533 - Sponsor Memo

S5533 - Bill Text download pdf

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

                                  5533

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to  providing  real  time
  court  reporting services to individuals who are deaf or hard of hear-
  ing

  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. REAL TIME COURT REPORTING SERVICES FOR DEAF OR HARD OF HEARING
INDIVIDUALS. 1. ANY PARTICIPANT IN A TRIAL, DEFENDANT, PLAINTIFF,  COUN-
SEL,  WITNESS, OR PROSPECTIVE JUROR WHO IS DEAF OR HARD OF HEARING SHALL
BE ACCORDED EQUAL ACCESS TO THE PROCEEDINGS BY HAVING AN OFFICIAL  COURT
REPORTER  PROVIDE COMMUNITY ACCESS REAL TIME ALLOWING THE PARTICIPANT TO
HAVE INSTANTANEOUS TRANSLATION OF THE COURT ROOM PROCEEDINGS.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A) "OFFICIAL COURT REPORTER" MEANS ANY INDIVIDUAL EMPLOYED AS A STEN-
OGRAPHIC  COURT  REPORTER  WHO  FULFILLS  THE  REQUIREMENTS  PURSUANT TO
SECTION TWO HUNDRED NINETY-ONE OF THIS CHAPTER.
  (B) "COMMUNITY ACCESS REAL TIME (CART)" MEANS THE INSTANTANEOUS TRANS-
LATION OF EVERYTHING THAT IS SPOKEN IN THE COURT ROOM VIA  A  REAL  TIME
FEED.  A COURT REPORTER'S SOFTWARE CONVERTS SHORTHAND TRANSCRIPTION INTO
REAL TIME CAPTIONING IMMEDIATELY WHICH CAN BE DISPLAYED ON A COMPUTER OR
MONITOR.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11169-02-5

S5533A - Details

See Assembly Version of this Bill:
A7939
Law Section:
Judiciary Law
Laws Affected:
Amd §390, Judy L

S5533A - Summary

Expands provisions to enable persons who are deaf or hard of hearing to participate in court proceedings.

S5533A - Sponsor Memo

S5533A - Bill Text download pdf

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

                                 5533--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the judiciary law, in relation to  providing  real  time
  court  reporting services to individuals who are deaf or hard of hear-
  ing

  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. REAL TIME COURT REPORTING SERVICES FOR DEAF OR HARD OF HEARING
INDIVIDUALS. 1. ANY PARTICIPANT IN A TRIAL, DEFENDANT, PLAINTIFF,  COUN-
SEL,  WITNESS, OR PROSPECTIVE JUROR WHO IS DEAF OR HARD OF HEARING SHALL
BE ACCORDED EQUAL ACCESS TO THE PROCEEDINGS  BY  HAVING  A  STENOGRAPHER
PROVIDE  COMMUNITY  ACCESS  REAL  TIME  ALLOWING THE PARTICIPANT TO HAVE
INSTANTANEOUS TRANSLATION OF THE COURT ROOM PROCEEDINGS.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "STENOGRAPHER" MEANS ANY INDIVIDUAL WHO FULFILLS THE REQUIREMENTS
OF SECTION TWO HUNDRED NINETY-ONE OF THIS CHAPTER.
  (B) "COMMUNITY ACCESS REAL TIME (CART)" MEANS THE INSTANTANEOUS TRANS-
LATION OF EVERYTHING THAT IS SPOKEN IN THE COURT ROOM VIA  A  REAL  TIME
FEED,  WHICH  BY MEANS OF SOFTWARE CONVERTS SHORTHAND TRANSCRIPTION INTO
REAL TIME CAPTIONING IMMEDIATELY WHICH CAN BE DISPLAYED ON A COMPUTER OR
MONITOR.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11169-03-5

S5533B (ACTIVE) - Details

See Assembly Version of this Bill:
A7939
Law Section:
Judiciary Law
Laws Affected:
Amd §390, Judy L

S5533B (ACTIVE) - Summary

Expands provisions to enable persons who are deaf or hard of hearing to participate in court proceedings.

S5533B (ACTIVE) - Sponsor Memo

S5533B (ACTIVE) - Bill Text download pdf

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

                                 5533--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the judiciary law, in relation to enabling the partic-
  ipation in court proceedings of individuals who are deaf  or  hard  of
  hearing

  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] EQUAL ACCESS TO COURT  PROCEEDINGS
for  deaf  OR  HARD OF HEARING person.   1. Whenever any deaf OR HARD OF
HEARING person is a party to a legal proceeding  of  any  nature,  or  a
witness  OR  JUROR  OR  PROSPECTIVE  JUROR  therein,  the  court  in all
instances shall appoint a qualified interpreter 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 OR HARD OF HEARING
person; provided, however, where  compliance  with  this  section  would
cause  unreasonable  delay  in  court  proceedings,  the  court shall be
authorized to temporarily appoint an interpreter who is otherwise quali-
fied to interpret the proceedings to, and the testimony of, such deaf OR
HARD OF HEARING 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 interpret the proceedings to  a  deaf  OR
HARD  OF  HEARING  person  who is the victim of the crime or may appoint
such interpreter for the deaf OR HARD OF HEARING members of the  immedi-
ate family (parent or spouse) of a victim of the crime when specifically
requested to do so by such victim or family member. The fee for all such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11169-06-5

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