NY State Senate Bill 2017-S5051

Senate Bill S5051

2017-2018 Legislative Session

Requires all family, supreme and criminal courts to provide translation services to persons protected by or subject to a permanent or temporary order of protection, who have limited English proficiency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Mar 06, 2017	referred to judiciary

2017-S5051 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §§240 & 252, Dom Rel L; amd §154-c, add §169, Fam Ct Act; amd §§530.12 & 530.13, CP L

2017-S5051 (ACTIVE) - Summary

2017-S5051 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5051

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

 PURPOSE OF BILL :

To require the court to provide translation services, in the ten most
frequently used languages in New York State, for orders of protection
and temporary orders of protection to any person protected by or
subject to the order who has limited English proficiency or has
limited ability to read English, including visual impairment. In
addition, the purpose is 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 PROVISIONS OF BILL :

The bill amends the Judiciary Law by adding a new paragraph (t) to
subdivision 2 of section 212, to make available translation services
to family, supreme and criminal court family offense orders of
protection and temporary orders of protection, 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
including as a result of a visual impairment.

The amendments to the Judiciary law require translation services to be
made available in the ten most frequently used languages in New York
State, as well as audio translation for those with limited ability to
read English, including those with visual impairments, and any
additional languages that the chief administrator of the courts deems
appropriate.

The bill amends sections of the Family Court Act the Criminal
Procedure Law and the Domestic Relations Law to require the court to
inquire into the need for, and to advise litigants of the availability
of translation services as provided under the amended Judiciary Law.

The amendments to the Family Court Act, the Domestic Relations Law and
the Criminal Procedure Law also require the court to use the
assistance of an assigned court appointed interpreter, stenographer or
any other appropriate auxiliary aid under existing law for people with
hearing impairments, 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 respondents or complainants with limited English proficiency
or limited ability to read English including as a result of a visual
impairment to understand the contents of a temporary and/or permanent
order of protection issued by the court.

 LEGISLATIVE HISTORY :

New Bill, 2017.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

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.

2017-S5051 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5051
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, the domestic relations law, the fami-
   ly  court  act  and  the criminal procedure law, in relation to trans-
   lation 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. 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 a new paragraph (t) is added to read as follows:
   (T)  MAKE  AVAILABLE  TRANSLATION  SERVICES TO ALL FAMILY, SUPREME AND
 CRIMINAL COURTS TO ASSIST IN THE TRANSLATION OF ORDERS OF PROTECTION AND
 TEMPORARY 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
 INCLUDING AS A RESULT OF A VISUAL IMPAIRMENT OR OTHER DISABILITY:
   (I) TRANSLATION SERVICES  SHALL  BE  MADE  AVAILABLE  TO  ALL  FAMILY,
 SUPREME  AND  CRIMINAL  COURTS OF COMPETENT JURISDICTION IN THE TEN MOST
 FREQUENTLY USED LANGUAGES IN THE STATE, AS WELL AS AUDIO TRANSLATION FOR
 PERSONS WITH LIMITED ABILITY TO READ ENGLISH INCLUDING THOSE WITH VISUAL
 IMPAIRMENTS OR OTHER DISABILITIES, AND ANY ADDITIONAL LANGUAGES THAT THE
 CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE;
   (II) TRANSLATIONS OF FAMILY OFFENSE ORDERS OF PROTECTION AND TEMPORARY
 ORDERS OF PROTECTION UNDER THIS PARAGRAPH  SHALL  BE  AVAILABLE  TO  ANY
 PERSON  PROTECTED  BY  AND ANY PERSON SUBJECT TO THE ORDER, IF THEY HAVE
 LIMITED ENGLISH PROFICIENCY OR HAVE A LIMITED ABILITY  TO  READ  ENGLISH
 INCLUDING AS A RESULT OF A VISUAL IMPAIRMENT OR OTHER DISABILITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03049-03-7

 S. 5051                             2
 
   (III) TRANSLATION OF, OR THE INABILITY TO TRANSLATE AN ORDER SHALL NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER; AND
   (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.
   § 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.  TRANSLATION  AND INTERPRETATION OF ORDERS OF PROTECTION. (1) THE
 COURT SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER  OF  PROTECTION  OR
 TEMPORARY  ORDER  OF  PROTECTION,  IN  ACCORDANCE  WITH PARAGRAPH (T) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY  LAW,  TO
 ANY  PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER OF
 PROTECTION WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS LIMITED ABILITY TO
 READ ENGLISH INCLUDING AS A RESULT OF A VISUAL IMPAIRMENT OR OTHER DISA-
 BILITY.
   (2) UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT SHALL INQUIRE INTO THE NEED FOR A TRANSLATED ORDER  OF  PROTECTION
 AND  ADVISE  BOTH  THE PERSON PROTECTED BY AND THE PERSON SUBJECT TO THE
 ORDER OF PROTECTION OF THE AVAILABILITY OF SUCH TRANSLATED ORDERS.
   (3) WHERE AN INTERPRETER HAS BEEN APPOINTED BY A  COURT  OF  COMPETENT
 JURISDICTION  TO  ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE  ESSENTIAL
 TERMS  AND  CONDITIONS  OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF
 PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE  AND
 READ  INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   (4) WHERE AN ASSISTIVE LISTENING DEVICE,  STENOGRAPHER  OR  ANY  OTHER
 APPROPRIATE  AUXILIARY  AID OR SERVICE HAS BEEN PROVIDED PURSUANT TO THE
 PROVISIONS OF SECTION THREE HUNDRED  NINETY  OF  THE  JUDICIARY  LAW  TO
 ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT
 THE PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO  TRANSLATE
 THE  ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-
 LY OUTLINE AND READ INTO  THE  RECORD.  SUCH  INTERPRETATION  SHALL  NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (5) TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET  AN  ORDER  SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
 THE ORDER.
   (6) 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.
   § 4. 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. (A) THE
 COURT SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER  OF  PROTECTION  OR
 TEMPORARY  ORDER  OF  PROTECTION,  IN  ACCORDANCE  WITH PARAGRAPH (T) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY  LAW,  TO
 ANY  PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER OF
 PROTECTION WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS A LIMITED  ABILITY
 TO  READ  ENGLISH  INCLUDING AS A RESULT OF A VISUAL IMPAIRMENT OR OTHER
 DISABILITY.
   (B) UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT SHALL INQUIRE INTO THE NEED FOR A TRANSLATED ORDER  OF  PROTECTION
 AND  ADVISE  BOTH  THE PERSON PROTECTED BY AND THE PERSON SUBJECT TO THE
 ORDER OF PROTECTION OF  THE  AVAILABILITY  OF  SUCH  TRANSLATED  ORDERS.

 S. 5051                             3
 
 TRANSLATION  OF, OR THE INABILITY TO TRANSLATE AN ORDER SHALL NOT AFFECT
 THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (C)  WHERE  AN  INTERPRETER HAS BEEN APPOINTED BY A COURT OF COMPETENT
 JURISDICTION TO ASSIST IN THE PROCEEDING BEFORE  THE  COURT,  THE  COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON  THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL
 TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPORARY  ORDER  OF
 PROTECTION  ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE AND
 READ INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE  VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   (D)  WHERE  AN  ASSISTIVE  LISTENING DEVICE, STENOGRAPHER OR ANY OTHER
 APPROPRIATE AUXILIARY AID OR SERVICE HAS BEEN PROVIDED PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  THREE  HUNDRED  NINETY  OF THE JUDICIARY LAW TO
 ASSIST IN THE PROCEEDING BEFORE THE COURT, THE COURT SHALL  ALSO  DIRECT
 THE  PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO TRANSLATE
 THE ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-
 LY  OUTLINE  AND  READ  INTO  THE  RECORD. SUCH INTERPRETATION SHALL NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (E) TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET AN ORDER SHALL NOT AFFECT THE VALIDITY  OR  ENFORCEABILITY  OF
 THE ORDER.
   (F)  THE  AUTHORITY  PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION
 TO, AND SHALL NOT BE DEEMED TO DIMINISH OR  REDUCE  ANY  RIGHTS  OF  THE
 PARTIES UNDER EXISTING LAW.
   §  5. Section 154-c of the family court act is amended by adding a new
 subdivision 4 to read as follows:
   4. TRANSLATION AND INTERPRETATION OF ORDERS  OF  PROTECTION.  (A)  THE
 COURT  SHALL  PROVIDE  TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION,  IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO
 ANY PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER  OF
 PROTECTION  WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS A LIMITED ABILITY
 TO READ ENGLISH INCLUDING AS A RESULT OF A VISUAL  IMPAIRMENT  OR  OTHER
 DISABILITY.
   (B) UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT  SHALL  INQUIRE INTO THE NEED FOR A TRANSLATED ORDER OF PROTECTION
 AND ADVISE BOTH THE PERSON PROTECTED BY AND THE PERSON  SUBJECT  TO  THE
 ORDER  OF  PROTECTION  OF  THE  AVAILABILITY  OF SUCH TRANSLATED ORDERS.
 TRANSLATION OF, OR THE INABILITY TO TRANSLATE AN ORDER SHALL NOT  AFFECT
 THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (C)  WHERE  AN  INTERPRETER HAS BEEN APPOINTED BY A COURT OF COMPETENT
 JURISDICTION TO ASSIST IN THE PROCEEDING BEFORE  THE  COURT,  THE  COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON  THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL
 TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPORARY  ORDER  OF
 PROTECTION  ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE AND
 READ INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE  VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   (D)  WHERE  AN  ASSISTIVE  LISTENING DEVICE, STENOGRAPHER OR ANY OTHER
 APPROPRIATE AUXILIARY AID OR SERVICE HAS BEEN PROVIDED PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  THREE  HUNDRED  NINETY  OF THE JUDICIARY LAW TO
 ASSIST IN THE PROCEEDING BEFORE THE COURT, THE COURT SHALL  ALSO  DIRECT
 THE  PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO TRANSLATE
 THE ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-

 S. 5051                             4

 LY  OUTLINE  AND  READ  INTO  THE  RECORD. SUCH INTERPRETATION SHALL NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (E) TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET  AN  ORDER  SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
 THE ORDER.
   (F) THE AUTHORITY PROVIDED BY THIS SUBDIVISION SHALL  BE  IN  ADDITION
 TO,  AND  SHALL  NOT  BE  DEEMED TO DIMINISH OR REDUCE ANY RIGHTS OF THE
 PARTIES UNDER EXISTING LAW.
   § 6. The family court act is amended by adding a new  section  169  to
 read as follows:
   § 169. TRANSLATION AND INTERPRETATION OF ORDERS OF PROTECTION.  1. THE
 COURT  SHALL  PROVIDE  TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION,  IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO
 ANY PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER  OF
 PROTECTION WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS LIMITED ABILITY TO
 READ ENGLISH INCLUDING AS A RESULT OF A VISUAL IMPAIRMENT OR OTHER DISA-
 BILITY.
   2.  UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT SHALL INQUIRE INTO THE NEED FOR A TRANSLATED ORDER  OF  PROTECTION
 AND  ADVISE  BOTH  THE PERSON PROTECTED BY AND THE PERSON SUBJECT TO THE
 ORDER OF PROTECTION OF THE AVAILABILITY OF SUCH TRANSLATED ORDERS.
   3. WHERE AN INTERPRETER HAS BEEN APPOINTED BY  A  COURT  OF  COMPETENT
 JURISDICTION  TO  ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE  ESSENTIAL
 TERMS  AND  CONDITIONS  OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF
 PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE  AND
 READ  INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   4. WHERE AN ASSISTIVE LISTENING  DEVICE,  STENOGRAPHER  OR  ANY  OTHER
 APPROPRIATE  AUXILIARY  AID OR SERVICE HAS BEEN PROVIDED PURSUANT TO THE
 PROVISIONS OF SECTION THREE HUNDRED  NINETY  OF  THE  JUDICIARY  LAW  TO
 ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT
 THE PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO  TRANSLATE
 THE  ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-
 LY OUTLINE AND READ INTO  THE  RECORD.  SUCH  INTERPRETATION  SHALL  NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   5.  TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET AN ORDER SHALL NOT AFFECT THE VALIDITY  OR  ENFORCEABILITY  OF
 THE ORDER.
   6. THE AUTHORITY PROVIDED BY THIS SECTION SHALL BE IN ADDITION TO, AND
 SHALL  NOT  BE  DEEMED  TO  DIMINISH OR REDUCE ANY RIGHTS OF THE PARTIES
 UNDER EXISTING LAW.
   § 7. Section 530.12 of the criminal procedure law is amended by adding
 a new subdivision 16 to read as follows:
   16. TRANSLATION AND INTERPRETATION OF ORDERS OF  PROTECTION.  (A)  THE
 COURT  SHALL  PROVIDE  TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION,  IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO
 ANY PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER  OF
 PROTECTION  WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS A LIMITED ABILITY
 TO READ ENGLISH INCLUDING AS A RESULT OF A VISUAL  IMPAIRMENT  OR  OTHER
 DISABILITY.

 S. 5051                             5

   (B) UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT  SHALL  INQUIRE INTO THE NEED FOR A TRANSLATED ORDER OF PROTECTION
 AND ADVISE BOTH THE PERSON PROTECTED BY AND THE PERSON  SUBJECT  TO  THE
 ORDER  OF  PROTECTION  OF  THE  AVAILABILITY  OF SUCH TRANSLATED ORDERS.
 TRANSLATION  OF, OR THE INABILITY TO TRANSLATE AN ORDER SHALL NOT AFFECT
 THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (C) WHERE AN INTERPRETER HAS BEEN APPOINTED BY A  COURT  OF  COMPETENT
 JURISDICTION  TO  ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE  ESSENTIAL
 TERMS  AND  CONDITIONS  OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF
 PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE  AND
 READ  INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   (D) WHERE AN ASSISTIVE LISTENING DEVICE,  STENOGRAPHER  OR  ANY  OTHER
 APPROPRIATE  AUXILIARY  AID OR SERVICE HAS BEEN PROVIDED PURSUANT TO THE
 PROVISIONS OF SECTION THREE HUNDRED  NINETY  OF  THE  JUDICIARY  LAW  TO
 ASSIST  IN  THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT
 THE PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO  TRANSLATE
 THE  ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-
 LY OUTLINE AND READ INTO  THE  RECORD.  SUCH  INTERPRETATION  SHALL  NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (E) TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET  AN  ORDER  SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
 THE ORDER.
   (F) THE AUTHORITY PROVIDED BY THIS SUBDIVISION SHALL  BE  IN  ADDITION
 TO,  AND  SHALL  NOT  BE  DEEMED TO DIMINISH OR REDUCE ANY RIGHTS OF THE
 PARTIES UNDER EXISTING LAW.
   § 8. Section 530.13 of the criminal procedure law is amended by adding
 a new subdivision 10 to read as follows:
   10. TRANSLATION AND INTERPRETATION OF ORDERS OF  PROTECTION.  (A)  THE
 COURT  SHALL  PROVIDE  TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION,  IN  ACCORDANCE  WITH  PARAGRAPH  (T)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO
 ANY PERSON  PROTECTED  BY  AND  ANY  PERSON  SUBJECT  TO  THE  ORDER  OF
 PROTECTION  WHO HAS LIMITED ENGLISH PROFICIENCY OR HAS A LIMITED ABILITY
 TO READ ENGLISH INCLUDING AS A RESULT OF A VISUAL  IMPAIRMENT  OR  OTHER
 DISABILITY.
   (B) UPON ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION, THE
 COURT  SHALL  INQUIRE INTO THE NEED FOR A TRANSLATED ORDER OF PROTECTION
 AND ADVISE BOTH THE PERSON PROTECTED BY AND THE PERSON  SUBJECT  TO  THE
 ORDER  OF  PROTECTION  OF  THE  AVAILABILITY  OF SUCH TRANSLATED ORDERS.
 TRANSLATION OF, OR THE INABILITY TO TRANSLATE AN ORDER SHALL NOT  AFFECT
 THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (C)  WHERE  AN  INTERPRETER HAS BEEN APPOINTED BY A COURT OF COMPETENT
 JURISDICTION TO ASSIST IN THE PROCEEDING BEFORE  THE  COURT,  THE  COURT
 SHALL DIRECT SUCH INTERPRETER TO INTERPRET INTO THE APPROPRIATE LANGUAGE
 ON  THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL
 TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPORARY  ORDER  OF
 PROTECTION  ISSUED BY THE COURT THAT THE COURT SHALL CLEARLY OUTLINE AND
 READ INTO THE RECORD. SUCH INTERPRETATION SHALL NOT AFFECT THE  VALIDITY
 OR ENFORCEABILITY OF THE ORDER.
   (D)  WHERE  AN  ASSISTIVE  LISTENING DEVICE, STENOGRAPHER OR ANY OTHER
 APPROPRIATE AUXILIARY AID OR SERVICE HAS BEEN PROVIDED PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  THREE  HUNDRED  NINETY  OF THE JUDICIARY LAW TO

 S. 5051                             6
 
 ASSIST IN THE PROCEEDING BEFORE THE COURT, THE COURT SHALL  ALSO  DIRECT
 THE  PROVISION OF SUCH APPROPRIATE AUXILIARY AID OR SERVICE TO TRANSLATE
 THE ESSENTIAL TERMS AND CONDITIONS OF ANY ORDER OF PROTECTION OR  TEMPO-
 RARY ORDER OF PROTECTION ISSUED BY THE COURT THAT THE COURT SHALL CLEAR-
 LY  OUTLINE  AND  READ  INTO  THE  RECORD. SUCH INTERPRETATION SHALL NOT
 AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER.
   (E) TRANSLATION OR INTERPRETATION OF, OR THE INABILITY TO TRANSLATE OR
 INTERPRET AN ORDER SHALL NOT AFFECT THE VALIDITY  OR  ENFORCEABILITY  OF
 THE ORDER.
   (F)  THE  AUTHORITY  PROVIDED BY THIS SUBDIVISION SHALL BE IN ADDITION
 TO, AND SHALL NOT BE DEEMED TO DIMINISH OR  REDUCE  ANY  RIGHTS  OF  THE
 PARTIES UNDER EXISTING LAW.
   §  9.  The  chief administrator of the courts may promulgate rules and
 regulations in order to effectuate the provisions of this act.
   § 10. 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 date.

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