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Assembly approves requirement for certified or attesting interpreters on accusatory instruments

April 28, 2026 | 2026 Legislature NY, New York


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Assembly approves requirement for certified or attesting interpreters on accusatory instruments
The Assembly passed legislation that requires factual statements provided by non‑English‑proficient deponents to be accompanied by translation certified by a qualified interpreter or by a signed attestation of accuracy, sponsors said, so that accusatory instruments will be reliable across the criminal-justice process.

What the bill does: Sponsor Assembly Member Cruz described the legislation as ensuring that law enforcement rely on qualified translators when recording statements that could form the basis for charges, and that interpreters provide an affidavit affirming accuracy and qualifications. Supporters said the change would reduce appeals and misinterpretations later in court.

Implementation questions: Members from rural and high-need districts raised concerns about access to certified interpreters in urgent situations, dialect differences and whether the bill could unintentionally impair prosecutions based on spontaneous utterances, dying declarations or immediate arrests. Sponsor and supporters replied the state language-access plan already provides centralized interpreting hotlines and vendors in many jurisdictions and that the bill allows attestation in rare, urgent cases when no certified interpreter is available.

Vote and outcome: After extended floor debate and multiple explanations, including practical examples from law-enforcement and judiciary perspectives, the Assembly passed the bill by recorded vote. Proponents said the measure improves accuracy for victims and defendants alike; critics said the bill needed clearer definitions and alignment with existing sections of criminal procedure law.

Next steps: The bill as passed directs agencies and law-enforcement actors to use existing language-access resources, and it will proceed to the Senate for consideration.

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