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Assembly Bill A1936A

2017-2018 Legislative Session

Requires the office of court administration to collect and maintain data on limited English proficient litigants in the state

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A1936 - Details

Law Section:
Judiciary Law
Laws Affected:
Add §391, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10245
2019-2020: A754

2017-A1936 - Summary

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.

2017-A1936 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1936
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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:
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A1936A (ACTIVE) - Details

Law Section:
Judiciary Law
Laws Affected:
Add §391, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10245
2019-2020: A754

2017-A1936A (ACTIVE) - Summary

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.

2017-A1936A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1936--A
                                                         Cal. No. 902
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The judiciary law is amended by adding a new section 391 to
 read as follows:
   § 391. LIMITED ENGLISH PROFICIENT LITIGANTS' DATA. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PRIMARY LANGUAGE"  MEANS  THE  DOMINANT  LANGUAGE  AN  INDIVIDUAL
 SPEAKS  IN EVERYDAY SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR HOME,
 WORK, SCHOOL, AND COMMUNITY ENVIRONMENTS;
   (B) "LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUAL" MEANS A  PARTICIPANT
 IN  A LEGAL PROCEEDING, WHOSE LIMITED ABILITY TO SPEAK OR UNDERSTAND THE
 ENGLISH LANGUAGE, HAS CREATED A COMMUNICATIONS BARRIER TO  UNDERSTANDING
 HIS  OR  HER  LEGAL  RIGHTS OR IMPAIRS HIS OR HER ABILITY TO PARTICIPATE
 FULLY IN COURT PROGRAMS OR SERVICES;
   (C) "LANGUAGE ASSISTANCE SERVICES" MEANS  ORAL  AND  WRITTEN  SERVICES
 NEEDED  TO  ASSIST LEP INDIVIDUALS TO COMMUNICATE EFFECTIVELY WITH COURT
 PERSONNEL AND TO PROVIDE LEP INDIVIDUALS WITH MEANINGFUL ACCESS TO,  AND
 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.

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