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S1952Senate2019-2020 SessionSame asA2153

Court Papers in Native Languages

Official title

“Relates to requiring certain civil court documents to be provided to parties in their native language”

Sponsor Jamaal BaileySD-36+2 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires New York City civil court documents, including orders and stipulations, to be provided in the six most common non-English languages for parties not fluent in English.

Why it matters

  1. Improves access to justice for non-English speakers. By requiring court documents in the six most common non-English languages, the bill helps ensure that parties who are not fluent in English can fully understand their legal obligations and rights in civil court cases.

  2. Reduces the risk of misunderstanding or noncompliance. Providing court orders and stipulations in a party’s native language makes it less likely that people will unintentionally violate court directives due to language barriers, potentially reducing defaults, penalties, or further legal disputes.

  3. Mandates accountability and accuracy in translation. The bill requires that the person translating the documents must certify under oath that the translation is accurate, which holds translators accountable and helps maintain the integrity of legal documents.

  4. Ensures parties actually comprehend court actions. The requirement for parties to demonstrate comprehension of court orders or stipulations adds an extra layer of protection, aiming to guarantee that language differences do not impede a fair legal process.

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Who cares

Headline styles

Court Papers in Native Languages

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jamaal Bailey

Senator · Senate District 36

Chair, Codes

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2153Assembly

Translate Court Documents

In Assembly Committee · Judiciary · Sponsor Latoya Joyner

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1952

2019-2020 Regular Sessions

IN SENATE

January 18, 2019

Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:

Section 1. The New York city civil court act is amended by adding a new section 2105 to read as follows:

§ 2105. Languages in which certain court documents are to be furnished. (a) Court documents provided to parties including court orders and any other court documents which include stipulations directing action to be taken or forborne by either of such parties shall be provided to such parties in their native language, provided they are not fluent in English; and provided, further, that such native language is one of the six most prevalent languages, other than English, spoken in the city of New York.

(b) The person who drafts such a court document in the native language of a party, pursuant to subdivision (a) of this section, shall provide the court with a copy of the document in both English and in the native language, and shall certify under oath that the document in the native language accurately reflects the same document written in English.

(c) All parties shall demonstrate, to the satisfaction of the court, their comprehension of the nature and effect of each such court order or stipulation.

§ 2. This act shall take effect on the one hundred eightieth day after 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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 babes 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

2017-18: A.2891 - Referred to Judiciary in Assembly

Fiscal implications

None.

Effective date

This Act shall take effect on the 180th day after enacted into law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.