senate Bill S1728

Amended

Requires translation services for orders of protection to any person who is not fluent in English

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 10 / Apr / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 10 / Apr / 2013
    • PRINT NUMBER 1728A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1014
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 04 / Feb / 2014
    • 1ST REPORT CAL.107
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING 1728B
  • 11 / Jun / 2014
    • AMENDED ON THIRD READING (T) 1728C
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO JUDICIARY

Summary

Requires translation services for orders of protection to any person who is not fluent in English.

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Bill Details

See Assembly Version of this Bill:
A1084
Versions:
S1728
S1728A
S1728B
S1728C
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §169, Fam Ct Act; amd §§530.12 & 530.13, CP L; amd §§240 & 252, Dom Rel L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1870A, A6113A
2009-2010: S4594A, A5273A
2007-2008: A4605A

Sponsor Memo

BILL NUMBER:S1728

TITLE OF BILL:
An act
to amend the family court act, the criminal procedure law and the
domestic relations law, in
relation to the duties of interpreters appointed by the courts in
certain cases

PURPOSE OF BILL:
To require the court to direct a court appointed interpreter who has
been appointed to assist in a proceeding, to translate into the
appropriate language on the record the essential terms outlined by
the court of any temporary or final order of protection issued by the
court.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds new sections to the Family Court act and the criminal
Procedure Law to require the court to direct a court appointed
interpreter who is present in court to assist in a proceeding, to
direct the interpreter to translate on the record the essential terms
outlined clearly by the court of any temporary or final order of
protection issued by a court.

JUSTIFICATION:
To allow a non-English speaking or hearing impaired respondent or
complainant to understand the contents of a temporary and/or
permanent order of protection issued by the court.

PRIOR LEGISLATIVE HISTORY:
1998:A. 1019 Judiciary
2001/02: A.7103
2003/04: A.5364
2005/06: A.4009
2007/08: A.4605A Referred to Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law
and shall apply to orders of protection issued on or after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1728

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER,  MONTGOMERY, PERKINS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Judiciary

AN ACT to amend the family court act, the criminal procedure law and the
  domestic  relations  law,  in  relation  to the duties of interpreters
  appointed by the courts in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The family court act is amended by adding a new section 169
to read as follows:
  S  169. TRANSLATION OF ORDERS OF PROTECTION.  WHERE AN INTERPRETER HAS
BEEN APPOINTED BY THE COURT TO  ASSIST  IN  THE  PROCEEDING  BEFORE  THE
COURT,  THE  COURT  SHALL ALSO DIRECT SUCH INTERPRETER TO TRANSLATE INTO
THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT
IN COURT, THE ESSENTIAL TERMS AND CONDITIONS, AS CLEARLY OUTLINED BY THE
COURT, OF ANY ORDER OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION
ISSUED  BY  THE COURT UNDER ARTICLE THREE, FOUR, FIVE, SIX, SEVEN, EIGHT
OR TEN OF THIS ACT.  SUCH TRANSLATION SHALL NOT AFFECT THE  VALIDITY  OR
ENFORCEABILITY OF THE ORDER.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 5-a to read as follows:
  5-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER-
PRETER  TO  TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION.
SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02611-01-3

S. 1728                             2

  S 3. Section 530.13 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
  4-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
THE  PROCEEDING  BEFORE  THE  COURT,  THE COURT   SHALL ALSO DIRECT SUCH
INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE  ON  THE  RECORD,
WHILE  THE  INTERPRETER  IS  PRESENT  IN  COURT, THE ESSENTIAL TERMS AND
CONDITIONS, AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION
OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT  PURSUANT  TO  THIS
SECTION.  SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABIL-
ITY OF THE ORDER.
  S  4.  Subdivision  3  of section 240 of the domestic relations law is
amended by adding a new paragraph a-1 to read as follows:
  A-1. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER-
PRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
AS  CLEARLY  OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO  THIS  SECTION.
SUCH  TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE
ORDER.
  S 5. Section 252 of the domestic relations law is amended by adding  a
new subdivision 1-a to read as follows:
  1-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER-
PRETER  TO  TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION  OR  TEMPO-
RARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION.
SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
ORDER.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to orders of protection issued  on  or
after such effective date.

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