Senate Bill S790B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  790--B
     Cal. No. 424
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  ALCANTARA,  HAMILTON,  RIVERA  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- reported favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading -- again amended and ordered reprinted, retaining its
   place in the order of third reading
 
 AN ACT to amend the judiciary law, the family court  act,  the  domestic
   relations  law  and  the  criminal  procedure  law, in relation to the
   translation of orders of protection and temporary orders of protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (t) of subdivision 2 of section 212 of the judi-
 ciary law, as added by chapter 237 of the laws of  2015,  is  relettered
 paragraph (u).
   §  2.  Paragraph  (t) of subdivision 2 of section 212 of the judiciary
 law, as added by chapter 367 of the laws of 2015,  is  relettered  para-
 graph  (v)  and  two  new  paragraphs (t) and (t-1) are added to read as
 follows:
   (T) MAKE AVAILABLE TRANSLATION SERVICES  TO  ALL  FAMILY  AND  SUPREME
 COURTS  TO  ASSIST IN THE TRANSLATION OF ORDERS OF PROTECTION AND TEMPO-
 RARY ORDERS OF PROTECTION, AS PROVIDED  IN  THIS  PARAGRAPH,  WHERE  THE
 PERSON PROTECTED BY AND/OR THE PERSON SUBJECT TO THE ORDER OF PROTECTION
 HAS  LIMITED  ENGLISH  PROFICIENCY  OR  HAS  A  LIMITED  ABILITY TO READ
 ENGLISH:
   (I) TRANSLATION SERVICES SHALL BE MADE AVAILABLE  TO  ALL  FAMILY  AND
 SUPREME  COURTS  IN THE TEN LANGUAGES MOST FREQUENTLY USED IN THE COURTS
 OF EACH JUDICIAL DEPARTMENT IN ACCORDANCE WITH THE SCHEDULE IN  SUBPARA-
 GRAPH  (II)  OF  THIS  PARAGRAPH,  AND ANY ADDITIONAL LANGUAGES THAT THE
 CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00008-04-7

 S. 790--B                           2
 
   (II) (A) IN THREE LANGUAGES FROM AMONG THE TEN MOST FREQUENTLY USED IN
 THE COURTS OF EACH JUDICIAL DEPARTMENT, BY JANUARY FIRST,  TWO  THOUSAND
 EIGHTEEN;
   (B)  IN  THREE ADDITIONAL LANGUAGES FROM AMONG THE TEN MOST FREQUENTLY
 USED IN THE COURTS OF EACH JUDICIAL DEPARTMENT, BY JUNE  THIRTIETH,  TWO
 THOUSAND NINETEEN; AND
   (C)  IN  FOUR  ADDITIONAL LANGUAGES FROM AMONG THE TEN MOST FREQUENTLY
 USED IN THE COURTS OF EACH  JUDICIAL  DEPARTMENT,  BY  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND TWENTY; AND
   (III)  UPON  ISSUANCE  OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF
 PROTECTION, THE COURT SHALL INQUIRE OF ANY PERSON WHO IS PROTECTED BY IT
 OR SUBJECT TO IT,  WHO  HAS  MADE  AN  APPEARANCE,  WHETHER  TRANSLATION
 SERVICES  ARE NEEDED. THE COURT SHALL ADVISE THE PARTY OR PARTIES OF THE
 AVAILABILITY OF SUCH TRANSLATION SERVICES;
   (IV) THE AUTHORITY PROVIDED BY THIS PARAGRAPH SHALL BE IN ADDITION TO,
 AND SHALL NOT BE DEEMED TO DIMINISH OR REDUCE ANY RIGHTS OF THE  PARTIES
 UNDER EXISTING LAW.
   (T-1)   ISSUE  REPORTS  CONCERNING  THE  AVAILABILITY  OF  TRANSLATION
 SERVICES WHERE ORDERS OF PROTECTION AND TEMPORARY ORDERS  OF  PROTECTION
 ARE  ISSUED;  SPECIAL PILOT PROGRAMS. (I) THE CHIEF ADMINISTRATOR OF THE
 COURTS SHALL SUBMIT TO THE LEGISLATURE,  THE  GOVERNOR,  AND  THE  CHIEF
 JUDGE OF THE STATE THE FOLLOWING REPORTS:
   (A) NOT LATER THAN APRIL FIRST, TWO THOUSAND NINETEEN, A REPORT ON THE
 AVAILABILITY AND USE OF TRANSLATION SERVICES IN THE COURTS FOR ORDERS OF
 PROTECTION AND TEMPORARY ORDERS OF PROTECTION, INCLUDING BUT NOT LIMITED
 TO THE LANGUAGES FOR WHICH WRITTEN AND ORAL TRANSLATION IS PROVIDED; THE
 NUMBER  OF  PARTIES  THAT  RECEIVED TRANSLATED DOCUMENTS, BROKEN DOWN BY
 LANGUAGE AND JUDICIAL DEPARTMENT; THE NUMBER OF PARTIES RECEIVING INTER-
 PRETATION, BROKEN DOWN BY LANGUAGE AND JUDICIAL DEPARTMENT;  THE  NUMBER
 OF  PEOPLE  WHO  REQUESTED A TRANSLATED DOCUMENT AND DID NOT RECEIVE IT;
 AND THE NUMBER OF CASES IN WHICH A COURT INTERPRETER WAS USED TO  COMMU-
 NICATE  WITH  EITHER PARTY AND AN ORDER OF PROTECTION OR TEMPORARY ORDER
 OF PROTECTION WAS ISSUED BUT IN WHICH  A  TRANSLATED  DOCUMENT  WAS  NOT
 PROVIDED  TO EITHER PARTY. SUCH REPORT SHALL CONTAIN RECOMMENDATIONS FOR
 FURTHER LEGISLATION RELATING TO THE  AVAILABILITY  OF  SUCH  TRANSLATION
 SERVICES  AS  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL DEEM APPROPRI-
 ATE; AND
   (B) NOT LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN, A REPORT EVALU-
 ATING THE TECHNICAL AND OPERATIONAL ISSUES INVOLVED  IN  SUBJECTING  THE
 FOLLOWING ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION TO THE
 SAME  REQUIREMENTS,  RELATIVE  TO TRANSLATION AND INTERPRETATION OF SUCH
 ORDERS, AS ARE APPLICABLE TO ORDERS OF PROTECTION AND  TEMPORARY  ORDERS
 OF  PROTECTION ISSUED UNDER SECTION ONE HUNDRED SIXTY-NINE OF THE FAMILY
 COURT ACT:  (I) ORDERS OF PROTECTION AND TEMPORARY ORDERS OF  PROTECTION
 ISSUED UNDER SECTION 530.12 OR 530.13 OF THE CRIMINAL PROCEDURE LAW; AND
 (II) ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION ISSUED BY A
 TOWN OR VILLAGE JUSTICE COURT.
   (II)  THE  OFFICE  OF COURT ADMINISTRATION SHALL ESTABLISH AND OVERSEE
 TWO PILOT PROGRAMS, AS FOLLOWS:
   (A) IN ONE TOWN OR VILLAGE COURT WITHIN  EACH  JUDICIAL  DISTRICT,  TO
 DEVELOP  BEST PRACTICES FOR THE USE OF WRITTEN TRANSLATION AND INTERPRE-
 TATION SERVICES  FOR  ORDERS  OF  PROTECTION  AND  TEMPORARY  ORDERS  OF
 PROTECTION IN THE JUSTICE COURTS.  FOLLOWING CONSULTATION WITH THE STATE
 MAGISTRATES  ASSOCIATION,  THE  CONFERENCE OF MAYORS, THE ASSOCIATION OF
 TOWNS, THE UNIFIED COURT SYSTEM'S ADVISORY COMMITTEE ON LANGUAGE ACCESS,
 AND SUCH OTHER PARTIES AS MAY BE  INTERESTED,  THE  CHIEF  ADMINISTRATOR

 S. 790--B                           3
 
 SHALL INCLUDE AN ANALYSIS AND EVALUATION OF THIS PILOT PROGRAM, TOGETHER
 WITH  A  PLAN  FOR ITS EXPANSION THROUGHOUT THE JUSTICE COURT SYSTEM, IN
 THE REPORT REQUIRED PURSUANT TO CLAUSE (B) OF SUBPARAGRAPH (I)  OF  THIS
 PARAGRAPH.
   (B)  IN  ONE  COUNTY  IN THE CITY OF NEW YORK AND TWO COUNTIES OUTSIDE
 SUCH CITY, TO DEVELOP BEST PRACTICES FOR THE USE OF WRITTEN  TRANSLATION
 AND  INTERPRETATION  SERVICES  FOR  ORDERS  OF  PROTECTION AND TEMPORARY
 ORDERS OF PROTECTION ISSUED IN THE STATE-PAID CRIMINAL  COURTS  OF  SUCH
 COUNTIES. FOLLOWING CONSULTATION WITH THE STATE DISTRICT ATTORNEYS ASSO-
 CIATION, REPRESENTATIVES OF THE CRIMINAL DEFENSE BAR, REPRESENTATIVES OF
 DOMESTIC VIOLENCE PREVENTION LEGAL SERVICES PROVIDERS, THE UNIFIED COURT
 SYSTEM'S  ADVISORY  COMMITTEE ON LANGUAGE ACCESS, AND SUCH OTHER PARTIES
 AS MAY BE INTERESTED, THE CHIEF ADMINISTRATOR SHALL INCLUDE AN  ANALYSIS
 AND  EVALUATION  OF  THIS  PILOT  PROGRAM,  TOGETHER WITH A PLAN FOR ITS
 EXPANSION THROUGHOUT THE STATE,  IN  THE  REPORT  REQUIRED  PURSUANT  TO
 CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   §  3.  The  family court act is amended by adding a new section 169 to
 read as follows:
   § 169. TRANSLATION AND INTERPRETATION OF  ORDERS  OF  PROTECTION.  THE
 OFFICE  OF  COURT ADMINISTRATION SHALL, IN ACCORDANCE WITH PARAGRAPH (T)
 OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE  JUDICIARY  LAW,
 ENSURE  THAT  A  COURT  ORDER  OF  PROTECTION  AND  TEMPORARY  ORDER  OF
 PROTECTION ISSUED BY THE COURT UNDER ARTICLE  THREE,  FOUR,  FIVE,  SIX,
 SEVEN,  EIGHT  OR  TEN  OF  THIS  ACT, IS TRANSLATED IN WRITING INTO THE
 APPROPRIATE LANGUAGE FOR A PARTY TO A PROCEEDING  WHERE  THE  COURT  HAS
 APPOINTED  AN  INTERPRETER.  THE  OFFICE  OF  COURT ADMINISTRATION SHALL
 ENSURE THAT THE STANDARD LANGUAGE OF THE OFFICE OF COURT  ADMINISTRATION
 ORDER  OF  PROTECTION  AND  TEMPORARY ORDER OF PROTECTION FORMS SHALL BE
 TRANSLATED IN WRITING IN THE  LANGUAGES  MOST  FREQUENTLY  USED  IN  THE
 COURTS  OF  EACH JUDICIAL DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (T) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE  JUDICIARY  LAW.  A
 COPY  OF  THE  WRITTEN  TRANSLATION  SHALL BE GIVEN TO EACH PARTY IN THE
 PROCEEDING,  ALONG  WITH  THE  ORIGINAL  ORDER  OR  TEMPORARY  ORDER  OF
 PROTECTION  ISSUED  IN ENGLISH. A COPY OF THIS WRITTEN TRANSLATION SHALL
 ALSO BE INCLUDED AS PART OF THE RECORD  OF  THE  PROCEEDING.  THE  COURT
 SHALL  READ THE ESSENTIAL TERMS AND CONDITIONS OF THE ORDER ALOUD ON THE
 RECORD AND DIRECT THE COURT APPOINTED INTERPRETER TO INTERPRET THE  SAME
 TERMS  AND  CONDITIONS. SUCH WRITTEN TRANSLATION OR INTERPRETATION SHALL
 NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. IN EVERY CASE  A
 PARTY  TO  A  PROCEEDING  SHALL  BE PROVIDED WITH AN ENGLISH COPY OF ANY
 COURT ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION  ISSUED.  THE
 AUTHORITY  PROVIDED  HEREIN  SHALL  BE  IN  ADDITION TO AND SHALL NOT BE
 DEEMED TO DIMINISH OR REDUCE ANY RIGHTS OF THE  PARTIES  UNDER  EXISTING
 LAW.
   §  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. TRANSLATION AND  INTERPRETATION  OF  ORDERS  OF  PROTECTION.  THE
 OFFICE  OF  COURT ADMINISTRATION SHALL, IN ACCORDANCE WITH PARAGRAPH (T)
 OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE  JUDICIARY  LAW,
 ENSURE  THAT  A  COURT  ORDER  OF  PROTECTION  AND  TEMPORARY  ORDER  OF
 PROTECTION IS TRANSLATED IN WRITING INTO THE APPROPRIATE LANGUAGE FOR  A
 PARTY  TO A PROCEEDING WHERE THE COURT HAS APPOINTED AN INTERPRETER. THE
 OFFICE OF COURT ADMINISTRATION SHALL ENSURE THAT THE  STANDARD  LANGUAGE
 OF  THE OFFICE OF COURT ADMINISTRATION ORDER OF PROTECTION AND TEMPORARY
 ORDER OF  PROTECTION  FORMS  SHALL  BE  TRANSLATED  IN  WRITING  IN  THE
 LANGUAGES MOST FREQUENTLY USED IN THE COURTS OF EACH JUDICIAL DEPARTMENT

 S. 790--B                           4
 
 IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF  SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWELVE OF THE JUDICIARY LAW. A COPY OF THE  WRITTEN  TRANSLATION
 SHALL  BE GIVEN TO EACH PARTY IN THE PROCEEDING, ALONG WITH THE ORIGINAL
 ORDER  OR  TEMPORARY  ORDER  OF PROTECTION ISSUED IN ENGLISH.  A COPY OF
 THIS WRITTEN TRANSLATION SHALL ALSO BE INCLUDED AS PART OF THE RECORD OF
 THE PROCEEDING.  THE COURT SHALL READ THE ESSENTIAL TERMS AND CONDITIONS
 OF THE ORDER ALOUD ON THE RECORD AND DIRECT THE COURT  APPOINTED  INTER-
 PRETER  TO  INTERPRET THE SAME TERMS AND CONDITIONS. SUCH WRITTEN TRANS-
 LATION OR INTERPRETATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY
 OF THE ORDER. IN EVERY CASE A PARTY TO A PROCEEDING  SHALL  BE  PROVIDED
 WITH AN ENGLISH COPY OF ANY COURT ORDER OF PROTECTION OR TEMPORARY ORDER
 OF PROTECTION ISSUED. THE AUTHORITY PROVIDED HEREIN SHALL BE IN ADDITION
 TO  AND  SHALL  NOT  BE  DEEMED  TO DIMINISH OR REDUCE ANY RIGHTS OF THE
 PARTIES UNDER EXISTING LAW.
   § 5. Section 252 of the domestic relations law is amended by adding  a
 new subdivision 1-a to read as follows:
   1-A.  TRANSLATION  AND  INTERPRETATION  OF  ORDERS  OF PROTECTION. THE
 OFFICE OF COURT ADMINISTRATION SHALL, IN ACCORDANCE WITH  PARAGRAPH  (T)
 OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW,
 ENSURE THAT A COURT ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION
 IS TRANSLATED IN WRITING INTO THE APPROPRIATE LANGUAGE FOR A PARTY TO  A
 PROCEEDING  WHERE  THE COURT HAS APPOINTED AN INTERPRETER. THE OFFICE OF
 COURT ADMINISTRATION SHALL ENSURE THAT  THE  STANDARD  LANGUAGE  OF  THE
 OFFICE  OF  COURT ADMINISTRATION ORDER OF PROTECTION AND TEMPORARY ORDER
 OF PROTECTION FORMS SHALL BE TRANSLATED IN WRITING IN THE LANGUAGES MOST
 FREQUENTLY USED IN THE COURTS OF EACH JUDICIAL DEPARTMENT IN  ACCORDANCE
 WITH  PARAGRAPH  (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF
 THE JUDICIARY LAW. A COPY OF THE WRITTEN TRANSLATION SHALL BE  GIVEN  TO
 EACH PARTY IN THE PROCEEDING, ALONG WITH THE ORIGINAL ORDER OR TEMPORARY
 ORDER  OF  PROTECTION  ISSUED IN ENGLISH.  A COPY OF THIS WRITTEN TRANS-
 LATION SHALL ALSO BE INCLUDED AS PART OF THE RECORD OF  THE  PROCEEDING.
 THE  COURT  SHALL  READ  THE ESSENTIAL TERMS AND CONDITIONS OF THE ORDER
 ALOUD ON THE RECORD AND DIRECT THE COURT APPOINTED INTERPRETER TO INTER-
 PRET THE SAME TERMS AND CONDITIONS. SUCH WRITTEN TRANSLATION  OR  INTER-
 PRETATION  SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
 IN EVERY CASE A PARTY TO A PROCEEDING SHALL BE PROVIDED WITH AN  ENGLISH
 COPY  OF  ANY COURT ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION
 ISSUED. THE AUTHORITY PROVIDED HEREIN SHALL BE IN ADDITION TO AND  SHALL
 NOT  BE  DEEMED  TO  DIMINISH  OR REDUCE ANY RIGHTS OF THE PARTIES UNDER
 EXISTING LAW.
   § 6. The closing paragraph of subparagraph  2  of  paragraph  (ii)  of
 subdivision  (b)  of  section  214  of the family court act, as added by
 chapter 237 of the laws of 2015, is amended to read as follows:
   Notwithstanding the foregoing, the chief administrator may not  elimi-
 nate  the  requirement of consent to participation in a county hereunder
 until he or she shall have provided all  persons  or  organizations,  or
 their   representative  or  representatives,  who  regularly  appear  in
 proceedings in the family court of such county, in which proceedings the
 requirement of consent is to be eliminated, with reasonable  notice  and
 an  opportunity  to  submit comments with respect thereto and shall have
 given due consideration to all such comments, nor until he or she  shall
 have  consulted  with  the  members  of the advisory committee continued
 pursuant to subparagraph (vi) of paragraph [(t)] (U) of subdivision  two
 of section two hundred twelve of the judiciary law.

 S. 790--B                           5
 
   §  7.  Subparagraph  (ii) of paragraph (b) of subdivision 2 of section
 10.40 of the criminal procedure law, as added by chapter 237 of the laws
 of 2015, is amended to read as follows:
   (ii)  The chief administrator may eliminate the requirement of consent
 to participation in this program in supreme and  county  courts  of  not
 more  than  six  counties  provided  he  or  she  may not eliminate such
 requirement for a court without the consent of  the  district  attorney,
 the  consent of the criminal defense bar as defined in subdivision three
 of this section and the consent of the county clerk  of  the  county  in
 which such court presides.
   Notwithstanding  the  foregoing  provisions  of this subparagraph, the
 chief administrator shall not eliminate the requirement  of  consent  to
 participation  in a county hereunder until he or she shall have provided
 all persons and organizations,  or  their  representative  or  represen-
 tatives,  who regularly appear in criminal actions or proceedings in the
 superior court of such county with reasonable notice and opportunity  to
 submit  comments with respect thereto and shall have given due consider-
 ation to all such comments, nor until he or  she  shall  have  consulted
 with the members of the advisory committee specified in subparagraph (v)
 of  paragraph [(t)] (U) of subdivision two of section two hundred twelve
 of the judiciary law.
   § 8. The chief administrator of the courts may  promulgate  rules  and
 regulations  in  order to effectuate the provisions of this act, and, to
 the extent necessary and appropriate,  exercise  his  or  her  authority
 pursuant to paragraph (l) of subdivision 1 of section 212 of the judici-
 ary law to the same end.
   §  9.  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; provided that the amendments to section 214
 of the family court act, made by section six  of  this  act,  shall  not
 affect  the  expiration  and reversion of such section, and shall expire
 therewith; provided, further, that the amendments to  subparagraph  (ii)
 of  paragraph  (b)  of  subdivision  2  of section 10.40 of the criminal
 procedure law made by section seven of this act, shall  not  affect  the
 expiration and reversion of such section, and shall expire therewith.