senate Bill S1728C

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

Versions:
S1728
S1728A
S1728B
S1728C
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.12 & 530.13, CP L; amd §§240 & 252, Dom Rel L; amd §212, Judy L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1870A
2009-2010: S4594A

Sponsor Memo

BILL NUMBER:S1728C

TITLE OF BILL: An act to amend the criminal procedure law, the
domestic relations law and the judiciary law, in relation to
translation services for certain orders by courts of competent
jurisdiction

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--C
    Cal. No. 107

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT, HOYLMAN, KRUEGER, MONTGOMERY, PERKINS,
  RIVERA, SAMPSON, SQUADRON -- read twice and ordered printed, and  when
  printed  to  be  committed  to the Committee on Judiciary -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to  the  Committee  on  Judiciary  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

AN ACT to amend the criminal procedure law, the domestic  relations  law
  and the judiciary law, in relation to translation services for certain
  orders by courts of competent jurisdiction

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

  Section 1. Section 530.12 of the criminal procedure law is amended  by
adding a new subdivision 16 to read as follows:
  16.  THE  COURT  OF  COMPETENT  JURISDICTION SHALL PROVIDE TRANSLATION
SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION,  AS
PROVIDED  BY  PARAGRAPH  (T)  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED
TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY
SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH
TRANSLATION, OR THE INABILITY TO TRANSLATE  INTO  A  DEFENDANT'S  NATIVE
LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
  S 2. Section 530.13 of the criminal procedure law is amended by adding
a new subdivision 10 to read as follows:
  10.  THE  COURT  OF  COMPETENT  JURISDICTION SHALL PROVIDE TRANSLATION
SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION,  AS
PROVIDED  BY  PARAGRAPH  (T)  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED
TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02611-08-4

S. 1728--C                          2

SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH
TRANSLATION, OR THE INABILITY TO TRANSLATE  INTO  A  DEFENDANT'S  NATIVE
LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
  S  3.  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. THE COURT OF COMPETENT  JURISDICTION  SHALL  PROVIDE  TRANSLATION
SERVICES  OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS
PROVIDED BY PARAGRAPH (T) OF SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
TWELVE  OF  THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED
BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE  ENGLISH  LANGUAGE.
SUCH  TRANSLATION,  OR  THE  INABILITY  TO TRANSLATE INTO A RESPONDENT'S
NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
ORDER.
  S  4. Section 252 of the domestic relations law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. THE COURT OF COMPETENT  JURISDICTION  SHALL  PROVIDE  TRANSLATION
SERVICES  OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS
PROVIDED BY PARAGRAPH (T) OF SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
TWELVE  OF  THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED
BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE  ENGLISH  LANGUAGE.
SUCH  TRANSLATION,  OR  THE  INABILITY  TO TRANSLATE INTO A RESPONDENT'S
NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
ORDER.
  S  5.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (t) to read as follows:
  (T) (I) PROVIDE TRANSLATION SERVICES TO ALL COURTS TO  ASSIST  IN  THE
TRANSLATION   OF  ALL  ORDERS  OF  PROTECTION  OR  TEMPORARY  ORDERS  OF
PROTECTION WHERE THE PETITIONER OR RESPONDENT, OR VICTIM  OR  DEFENDANT,
IS NOT FLUENT IN THE ENGLISH LANGUAGE.
  (II)  SUCH  TRANSLATION SERVICES SHALL BE MADE AVAILABLE TO ALL FAMILY
COURTS AND CRIMINAL COURTS THAT ISSUE ORDERS OF PROTECTION OR  TEMPORARY
ORDERS  OF  PROTECTION,  AND  SHALL  BE  MADE  AVAILABLE IN THE TEN MOST
FREQUENTLY USED LANGUAGES IN NEW YORK STATE, AS WELL AS  ANY  ADDITIONAL
LANGUAGES THAT THE CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE.
  (III) TRANSLATION SERVICES MAY BE PROVIDED THROUGH THE USE OF COMPUTER
SOFTWARE, BUT MUST ALSO BE AVAILABLE THROUGH AUDIO MEANS FOR THE VISUAL-
LY IMPAIRED.
  (IV)  TRANSLATION  SERVICES SHALL NOT AFFECT THE VALIDITY OR ENFORCEA-
BILITY OF ANY ORDER.
  S 6. The chief administrator of the courts may  promulgate  rules  and
regulations in order to effectuate the provisions of this act.
  S  7.  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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