senate Bill S1728C

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to judiciary
delivered to assembly
passed senate
Jun 11, 2014 amended on third reading (t) 1728c
Jun 02, 2014 amended on third reading 1728b
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.107
Jan 08, 2014 referred to judiciary
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1014
Apr 10, 2013 print number 1728a
amend and recommit to judiciary
Jan 09, 2013 referred to judiciary

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

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S1728 - Bill Details

Current Committee:
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 Sessions:
2011-2012: S1870A
2009-2010: S4594A

S1728 - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

view additional co-sponsors

S1728A - Bill Details

Current Committee:
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 Sessions:
2011-2012: S1870A
2009-2010: S4594A

S1728A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1728A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1728--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT, HOYLMAN, KRUEGER, MONTGOMERY, PERKINS,
  SAMPSON -- 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  commit-
  tee

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.  INTERPRETATION 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 INTERPRET INTO
THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT
IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEAR-
LY OUTLINE AND READ INTO THE RECORD,  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  INTERPRETATION
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  INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND  CONDITIONS
THAT  THE  COURT  SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02611-03-3

S. 1728--A                          2

PURSUANT TO THIS SECTION.   SUCH INTERPRETATION  SHALL  NOT  AFFECT  THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
  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 INTERPRET INTO THE APPROPRIATE LANGUAGE  ON  THE  RECORD,
WHILE  THE  INTERPRETER  IS  PRESENT  IN  COURT, THE ESSENTIAL TERMS AND
CONDITIONS THAT THE COURT  SHALL  CLEARLY  OUTLINE  AND  READ  INTO  THE
RECORD,  OF  ANY  ORDER  OF  PROTECTION OR TEMPORARY ORDER OF PROTECTION
ISSUED BY THE COURT PURSUANT TO THIS SECTION.  SUCH INTERPRETATION SHALL
NOT AFFECT THE VALIDITY OR ENFORCEABILITY 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  INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND  CONDITIONS
THAT  THE  COURT  SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT TO THIS SECTION.  SUCH  INTERPRETATION  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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
THE  INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS
THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE  RECORD,  OF  ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT  TO  THIS  SECTION.  SUCH  INTERPRETATION  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.

Co-Sponsors

view additional co-sponsors

S1728B - Bill Details

Current Committee:
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 Sessions:
2011-2012: S1870A
2009-2010: S4594A

S1728B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1728B

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1728--B
    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

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. INTERPRETATION 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  INTERPRET  INTO
THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT
IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEAR-
LY  OUTLINE  AND  READ  INTO  THE  RECORD, 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 INTERPRETATION
SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.    NOTHING
CONTAINED  IN  THIS  SECTION  SHALL  DELAY EFFECTIVENESS OF THE ORDER OR
CONSTITUTE REVERSIBLE ERROR.
  S 2. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 5-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02611-06-4

S. 1728--B                          2

  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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
THE  INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS
THAT  THE  COURT  SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT TO THIS SECTION.   SUCH INTERPRETATION  SHALL  NOT  AFFECT  THE
VALIDITY  OR  ENFORCEABILITY  OF  THE ORDER.   NOTHING CONTAINED IN THIS
SUBDIVISION SHALL DELAY EFFECTIVENESS OF THE ORDER OR CONSTITUTE REVERS-
IBLE ERROR.
  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  INTERPRET  INTO THE APPROPRIATE LANGUAGE ON THE RECORD,
WHILE THE INTERPRETER IS PRESENT  IN  COURT,  THE  ESSENTIAL  TERMS  AND
CONDITIONS  THAT  THE  COURT  SHALL  CLEARLY  OUTLINE  AND READ INTO THE
RECORD, OF ANY ORDER OF PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION
ISSUED BY THE COURT PURSUANT TO THIS SECTION.  SUCH INTERPRETATION SHALL
NOT  AFFECT  THE  VALIDITY  OR  ENFORCEABILITY  OF  THE ORDER.   NOTHING
CONTAINED IN THIS SUBDIVISION SHALL DELAY EFFECTIVENESS OF THE ORDER  OR
CONSTITUTE REVERSIBLE ERROR.
  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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
THE  INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS
THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE  RECORD,  OF  ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT  TO  THIS  SECTION.  SUCH  INTERPRETATION  SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.    NOTHING  CONTAINED  IN  THIS
PARAGRAPH  SHALL  DELAY EFFECTIVENESS OF THE ORDER OR CONSTITUTE REVERS-
IBLE ERROR.
  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  INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND  CONDITIONS
THAT  THE  COURT  SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT TO THIS SECTION.  SUCH  INTERPRETATION  SHALL  NOT  AFFECT  THE
VALIDITY  OR  ENFORCEABILITY  OF  THE ORDER.   NOTHING CONTAINED IN THIS
SUBDIVISION SHALL DELAY EFFECTIVENESS OF THE ORDER OR CONSTITUTE REVERS-
IBLE ERROR.
  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.

Co-Sponsors

view additional co-sponsors

S1728C (ACTIVE) - Bill Details

Current Committee:
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 Sessions:
2011-2012: S1870A
2009-2010: S4594A

S1728C (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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