Provides that an accusatory instrument or supporting deposition consisting of factual allegations by a deponent with limited English proficiency is not sufficient unless accompanied by a sworn statement from an interpreter affirming the accuracy of the English interpretation.
STATE OF NEW YORK
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2193
2023-2024 Regular Sessions
IN SENATE
January 19, 2023
___________
Introduced by Sens. BAILEY, LIU -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring
accurate interpretation of statements made by deponents with limited
English proficiency in accusatory instruments and supporting deposi-
tions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 100.40 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. Notwithstanding any provision of law to the contrary, where the
4 factual allegations of an accusatory instrument and/or any supporting
5 deposition filed in connection with such instrument consist of a state-
6 ment made by a deponent to a public servant or other person in a
7 language other than English, such instrument shall not be sufficient
8 unless it is accompanied by:
9 (a) (i) A statement of the factual allegations written in the
10 deponent's primary language and a signed verification under penalty of
11 perjury in the deponent's primary language; (ii) an English-language
12 translation of the deponent's statement and of the verification written
13 by an interpreter; and (iii) an affidavit by the interpreter stating the
14 interpreter's qualifications and affirming the accuracy of such trans-
15 lation; or
16 (b) (i) A written English-language translation of the deponent's oral
17 or written statement of the factual allegations, drafted by an inter-
18 preter; and (ii) an affidavit from the interpreter: (A) stating the
19 interpreter's qualifications; (B) affirming that the interpreter accu-
20 rately translated such statement into English; (C) affirming that the
21 interpreter accurately communicated the content of the statement to the
22 deponent in the deponent's primary language; (D) affirming that the
23 deponent confirmed the accuracy of the allegations as communicated; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02104-01-3
S. 2193 2
1 (E) affirming that the interpreter accurately translated the verifica-
2 tion statement to the witness in the witness's primary language.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.
