Assembly Bill A9481

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

                                  9481

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced by M. of A. CRESPO, SEPULVEDA, RAMOS, PICHARDO, ARROYO, DAVI-
  LA,  LINARES, RIVERA, RODRIGUEZ, MOYA, DILAN -- read once and referred
  to the Committee on Judiciary

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  (U)  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  (U)  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  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 (U) 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

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

                                                           LBD00095-06-6

A. 9481                             2

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 (U) 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 (u) to read as follows:
  (U) (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.