S 4525 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S04525 Summary: BILL NO S04525 &nbsp SAME AS SAME AS A01422

&nbsp SPONSOR BAILEY &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §100.40, CP L &nbsp 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.

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STATE OF NEW YORK ________________________________________________________________________

4525

2025-2026 Regular Sessions

IN SENATE

February 6, 2025 ___________

Introduced by Sen. BAILEY -- 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. LBD03852-01-5

S. 4525 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.

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