A07939 Summary:

COSPNSRSchimel, Weprin
Amd S390, Judy L
Expands provisions to enable persons who are deaf or hard of hearing to participate in court proceedings.
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A07939 Actions:

06/01/2015referred to judiciary
06/08/2015reported referred to ways and means
06/10/2015amend (t) and recommit to ways and means
06/10/2015print number 7939a
06/15/2015reported referred to rules
06/15/2015rules report cal.484
06/15/2015ordered to third reading rules cal.484
06/17/2015passed assembly
06/17/2015delivered to senate
06/18/2015SUBSTITUTED FOR S5533B
09/15/2015delivered to governor
09/25/2015signed chap.272
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A07939 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7939A         REVISED MEMO 06/11/2015
SPONSOR: Weinstein
  TITLE OF BILL: An act to amend the judiciary law, in relation to enabling the participation in court proceedings of individuals who are deaf or hard of hearing   PURPOSE OF BILL: This bill will provide real time court reporting services to individuals who are deaf or hard of hearing.   SUMMARY OF PROVISIONS OF BILL: Section 1 - Amends the judiciary law section 390 to provide equal access to court proceedings for deaf or hard of hearing persons by authorizing the provision of real-time stenographic translation for deaf or hard of hearing persons in court, in addition to the provision of other appro- priate auxiliary aids or services. Section 2 - Effective date.   JUSTIFICATION: While the court currently has the ability to make arrangements for the deaf and hard of hearing there is no detailed mandated to do so and 60% of reporters do not have the capacity to do so. This bill would enable the deaf and hearing impaired to receive real time court reporting services.   LEGISLATIVE HISTORY: New bill, 2015.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Nominal.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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A07939 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      June 1, 2015
        Introduced  by  M.  of  A.  WEINSTEIN,  SCHIMEL, WEPRIN -- read once and
          referred to the Committee on Judiciary -- reported and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the judiciary law, in relation to enabling the partic-
          ipation in court proceedings of individuals who are deaf  or  hard  of
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 390 of the judiciary law, as amended by chapter 478
     2  of the laws of 1992, is amended to read as follows:
     3    § 390. [Appointment of interpreter] Equal access to court  proceedings
     4  for  deaf  or  hard of hearing person.   1. Whenever any deaf or hard of
     5  hearing person is a party to a legal proceeding  of  any  nature,  or  a
     6  witness  or  juror  or  prospective  juror  therein,  the  court  in all
     7  instances shall appoint a qualified interpreter who is  certified  by  a
     8  recognized  national  or  New  York  state  credentialing  authority  as
     9  approved by the chief administrator  of  the  courts  to  interpret  the
    10  proceeding  to,  and  the  testimony  of,  such  deaf or hard of hearing
    11  person; provided, however, where  compliance  with  this  section  would
    12  cause  unreasonable  delay  in  court  proceedings,  the  court shall be
    13  authorized to temporarily appoint an interpreter who is otherwise quali-
    14  fied to interpret the proceedings to, and the testimony of, such deaf or
    15  hard of hearing person until a certified interpreter  is  available.  In
    16  any  criminal  action  in  a  state-funded  court,  the court shall also
    17  appoint such an interpreter to interpret the proceedings to  a  deaf  or
    18  hard  of  hearing  person  who is the victim of the crime or may appoint
    19  such interpreter for the deaf or hard of hearing members of the  immedi-
    20  ate family (parent or spouse) of a victim of the crime when specifically
    21  requested to do so by such victim or family member. The fee for all such
    22  interpreting  services  shall  be  a  charge  upon the state at rates of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7939--A                          2
     1  compensation established by rule of the chief administrator; except that
     2  where such interpreting services are rendered in a  justice  court,  the
     3  fee  therefor  shall be paid as provided by law in effect on July first,
     4  nineteen hundred ninety-one.
     5    2.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
     6  section, a court may, upon request of a deaf or hard of  hearing  person
     7  or  upon  its  own  motion,  and in lieu of appointing an interpreter as
     8  otherwise required in such subdivision one, provide an assistive listen-
     9  ing device, a stenographer who can furnish  communication  access  real-
    10  time translation or any other appropriate auxiliary aid or service.
    11    (b)  For  purposes of this subdivision, the following terms shall have
    12  the following meanings:
    13    (i) "Stenographer" means any individual who fulfills the  requirements
    14  of section two hundred ninety-one of this chapter.
    15    (ii)  "Communication  access  real-time  translation (CART)" means the
    16  instantaneous translation of everything that is spoken in the court room
    17  via a real-time feed, which by  means  of  software  converts  shorthand
    18  transcription   into  real-time  captioning  immediately  which  can  be
    19  displayed on a computer or monitor.
    20    § 2. This act shall take effect immediately.
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