senate Bill S1728A

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 - Details

See Assembly Version of this Bill:
A1084A
Current Committee:
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 Sessions:
2011-2012: S1870A, A6113A
2009-2010: S4594A, A5273A

S1728 - Summary

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

S1728 - Sponsor Memo

S1728 - Bill Text download pdf

                    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

Co-Sponsors

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S1728A - Details

See Assembly Version of this Bill:
A1084A
Current Committee:
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 Sessions:
2011-2012: S1870A, A6113A
2009-2010: S4594A, A5273A

S1728A - Summary

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

S1728A - Sponsor Memo

S1728A - Bill 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

Co-Sponsors

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S1728B - Details

See Assembly Version of this Bill:
A1084A
Current Committee:
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 Sessions:
2011-2012: S1870A, A6113A
2009-2010: S4594A, A5273A

S1728B - Summary

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

S1728B - Sponsor Memo

S1728B - Bill 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.

Co-Sponsors

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S1728C (ACTIVE) - Details

See Assembly Version of this Bill:
A1084A
Current Committee:
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 Sessions:
2011-2012: S1870A, A6113A
2009-2010: S4594A, A5273A

S1728C (ACTIVE) - Summary

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

S1728C (ACTIVE) - Sponsor Memo

S1728C (ACTIVE) - Bill 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

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