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A02153 Summary:

BILL NOA02153
 
SAME ASSAME AS S01952
 
SPONSORJoyner
 
COSPNSRGottfried, Simon, Cook, Perry, Rosenthal L, Ortiz, Bichotte, Barron, D'Urso, Colton, Jaffee, Weprin
 
MLTSPNSR
 
Add 2105, NYC Civ Ct Act
 
Relates to requiring certain civil court documents to be provided to parties in their native language and requiring parties to demonstrate their understanding of the nature and effect of such documents.
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A02153 Actions:

BILL NOA02153
 
01/22/2019referred to judiciary
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A02153 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2153          REVISED 03/18/19
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the New York city civil court act, in relation to requiring certain civil court documents to be provided to parties in their native language   PURPOSE: This legislation would require that parties in proceedings before New York City Civil Court who are not fluent in English be provided court papers and court stipulations in their own native language.   SUMMARY OF PROVISIONS: Section 1: Adds a new Section 2105 to the New York City Civil Court Act requiring that parties in proceedings before New York City Civil Court who are not fluent in English be provided with the opportunity to obtain court orders and any other court documents in their own native language. Such court orders and documents can include stipulations directing action to be taken or forborne by either of such parties and shall be provided to such parties in their own native language. All parties shall demon- strate, to the satisfaction of the court, their comprehension of the nature and effect of each such court order or stipulation. To ensure that such court papers are accurate in a non-English language, the person who drafts such papers, shall provide the court with the document in English and the other language, and certify that they both documents accurately reflect the decision of the court. Section 2: Effective Date.   JUSTIFICATION: With the largest concentration of limited English speakers in New York State, the City of New York is home to 1.8 million people who face ongo- ing language barriers as they seek to navigate their way through the court system. The New York City Civil Court system is an extraordinarily busy court system with a total caseload of many hundreds of thousands of cases each year. Each one of those actions can have a major impact upon the quality of life of the litigating parties. Hence, it is essential for our civil court system to be administered in an equitable manner that fairly administers justice to all parties - regardless of their language skills or fluency in English. It is essential that all parties to stipulations fully understand the potential consequences of their actions before entering into an enforce- able agreement that could dramatically affect their lives. This legis- lation builds upon the intent of current state and federal policies designed to ensure that witnesses and parties in court cases have access to translators as needed so they can effectively participate in proceedings. It closes an existing loophole by specifically requiring the translation of stipulations and recognizes the growing linguistic diversity of the residents of New York State's largest municipality.   LEGISLATIVE HISTORY: Assembly: 01/22/19 Referred to Judiciary, 01/03/18 Referred to Judici- ary, 01/23/17 Referred to Judiciary 05/11/16 Amend and recommit to Judi- ciary, 01/06/26 Referred to Judiciary, 05/28/15 Referred to Judiciary Senate: 01/18/19 Referred to Judiciary,05/10/16 Referred to Judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This Act shall take effect on the 180th day after enacted into law.
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A02153 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2153
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. JOYNER, GOTTFRIED, SIMON, COOK, PERRY, L. ROSEN-
          THAL, ORTIZ, BICHOTTE, BARRON, D'URSO, COLTON, JAFFEE -- read once and
          referred to the Committee on Judiciary
 
        AN ACT to amend the New York  city  civil  court  act,  in  relation  to
          requiring  certain  civil court documents to be provided to parties in
          their native language

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  New York city civil court act is amended by adding a
     2  new section 2105 to read as follows:
     3    §  2105.  Languages  in  which  certain  court  documents  are  to  be
     4  furnished.  (a)  Court  documents  provided  to  parties including court
     5  orders and any other court documents which include stipulations  direct-
     6  ing  action  to  be taken or forborne by either of such parties shall be
     7  provided to such parties in their native language, provided they are not
     8  fluent in English; and provided, further, that such native  language  is
     9  one  of  the six most prevalent languages, other than English, spoken in
    10  the city of New York.
    11    (b) The person who drafts such a court document in the native language
    12  of a party, pursuant to subdivision (a) of this section,  shall  provide
    13  the  court with a copy of the document in both English and in the native
    14  language, and shall certify under oath that the document in  the  native
    15  language accurately reflects the same document written in English.
    16    (c)  All  parties shall demonstrate, to the satisfaction of the court,
    17  their comprehension of the nature and effect of each such court order or
    18  stipulation.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00175-01-9
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