assembly Bill A754A

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2019 signed chap.621
Dec 06, 2019 delivered to governor
Jun 13, 2019 returned to assembly
passed senate
3rd reading cal.467
substituted for s1950a
Jun 11, 2019 referred to rules
delivered to senate
passed assembly
May 30, 2019 amended on third reading 754a
May 23, 2019 advanced to third reading cal.376
May 21, 2019 reported
Feb 27, 2019 reported referred to ways and means
Jan 10, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

A754 - Details

See Senate Version of this Bill:
S1950
Law Section:
Judiciary Law
Laws Affected:
Add §391, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10245
2017-2018: A1936

A754 - 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.

A754 - Bill Text download pdf


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

                                   754

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2019
                               ___________

Introduced  by M. of A. JOYNER, ORTIZ, GOTTFRIED, SIMON, BARRON, D'URSO,
  JAFFEE, COLTON, PERRY -- 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) "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
SERVICES, SO THAT LEP INDIVIDUALS ARE PLACED IN  THE  SAME  POSITION  AS
SIMILARLY SITUATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER; AND
  (D)  "TRANSLATION  SERVICES"  MEANS INTERPRETING THE WORDS USED BY THE
JUDGE, PARTIES AND RELEVANT PARTICIPANTS  IN  A  LEGAL  PROCEEDING  FROM
ENGLISH  INTO  AN LEP INDIVIDUAL'S PRIMARY LANGUAGE AND INTERPRETING THE
WORDS USED BY THE LEP INDIVIDUAL BACK TO ENGLISH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00094-01-9

Co-Sponsors

view additional co-sponsors

A754A (ACTIVE) - Details

See Senate Version of this Bill:
S1950
Law Section:
Judiciary Law
Laws Affected:
Add §391, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10245
2017-2018: A1936

A754A (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.

A754A (ACTIVE) - Bill Text download pdf


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

                                 754--A
                                                        Cal. No. 376

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2019
                               ___________

Introduced  by M. of A. JOYNER, ORTIZ, GOTTFRIED, SIMON, BARRON, D'URSO,
  JAFFEE, COLTON, PERRY, WEPRIN, CRUZ, REYES -- read once  and  referred
  to  the Committee on Judiciary -- reported and referred to the Commit-
  tee 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 A LITIGANT SPEAKS
IN EVERYDAY SITUATIONS, INCLUDING BUT NOT LIMITED TO THEIR  HOME,  WORK,
SCHOOL, AND COMMUNITY ENVIRONMENTS;
  (B) "LIMITED ENGLISH PROFICIENT (LEP) LITIGANT" 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; AND
  (C) "LANGUAGE ASSISTANCE SERVICES" MEANS  ORAL  AND  WRITTEN  SERVICES
NEEDED  TO  ASSIST  LEP  LITIGANTS TO COMMUNICATE EFFECTIVELY WITH COURT
PERSONNEL AND TO PROVIDE LEP LITIGANTS WITH MEANINGFUL ACCESS TO, AND AN
EQUAL OPPORTUNITY TO PARTICIPATE FULLY IN, COURT PROGRAMS  OR  SERVICES,
SO THAT LEP LITIGANTS ARE PLACED IN THE SAME POSITION AS SIMILARLY SITU-
ATED PERSONS FOR WHOM THERE IS NO SUCH BARRIER.
  2.  THE OFFICE OF COURT ADMINISTRATION SHALL COLLECT AND MAINTAIN DATA
ON ALL LIMITED ENGLISH PROFICIENT LITIGANTS IN ALL  COURTS  WITHIN  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets