A09481 Summary:

BILL NOA09481
 
SAME ASSAME AS S05941-A
 
SPONSORCrespo
 
COSPNSRSepulveda, Ramos, Pichardo, Arroyo, Davila, Linares, Rivera, Rodriguez, Moya, Dilan, Jaffee
 
MLTSPNSR
 
Amd 530.12 & 530.13, CP L; amd 240 & 252, Dom Rel L; amd 212, Judy L
 
Requires orders of protection and temporary orders of protection issued in family court or in criminal court to be translated by an interpreter into the native language of the parties.
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A09481 Actions:

BILL NOA09481
 
03/10/2016referred to judiciary
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A09481 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9481
 
SPONSOR: Crespo
  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: Require the court to provide translation services for orders of protection or temporary orders of protection to any person who is not fluent in English.   SUMMARY: 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 trans- lation, or the inability to translate into a respondent's native language, shall not affect the validity or enforceability of the order.   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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A09481 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9481
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section 1. Section 530.12 of the criminal procedure law is amended  by
     2  adding a new subdivision 16 to read as follows:
     3    16.  The  court  of  competent  jurisdiction shall provide translation
     4  services of an order of protection or temporary order of protection,  as
     5  provided  by  paragraph  (u)  of  subdivision two of section two hundred
     6  twelve of the judiciary law, to any defendant and/or person protected by
     7  such order of protection who is not fluent in the English language. Such
     8  translation, or the inability to translate  into  a  defendant's  native
     9  language, shall not affect the validity or enforceability of the order.
    10    § 2. Section 530.13 of the criminal procedure law is amended by adding
    11  a new subdivision 10 to read as follows:
    12    10.  The  court  of  competent  jurisdiction shall provide translation
    13  services of an order of protection or temporary order of protection,  as
    14  provided  by  paragraph  (u)  of  subdivision two of section two hundred
    15  twelve of the judiciary law, to any defendant and/or person protected by
    16  such order of protection who is not fluent in the English language. Such
    17  translation, or the inability to translate  into  a  defendant's  native
    18  language, shall not affect the validity or enforceability of the order.
    19    §  3.  Subdivision  3  of section 240 of the domestic relations law is
    20  amended by adding a new paragraph a-1 to read as follows:
    21    a-1. The court of competent  jurisdiction  shall  provide  translation
    22  services  of an order of protection or temporary order of protection, as
    23  provided by paragraph (u) of subdivision  two  of  section  two  hundred
    24  twelve  of  the judiciary law, to any respondent and/or person protected
    25  by such order of protection who is not fluent in the  English  language.
    26  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

     1  native language, shall not affect the validity or enforceability of  the
     2  order.
     3    §  4. Section 252 of the domestic relations law is amended by adding a
     4  new subdivision 1-a to read as follows:
     5    1-a. The court of competent  jurisdiction  shall  provide  translation
     6  services  of an order of protection or temporary order of protection, as
     7  provided by paragraph (u) of subdivision  two  of  section  two  hundred
     8  twelve  of  the judiciary law, to any respondent and/or person protected
     9  by such order of protection who is not fluent in the  English  language.
    10  Such  translation,  or  the  inability  to translate into a respondent's
    11  native language, shall not affect the validity or enforceability of  the
    12  order.
    13    §  5.  Subdivision 2 of section 212 of the judiciary law is amended by
    14  adding a new paragraph (u) to read as follows:
    15    (u) (i) Provide translation services to all courts to  assist  in  the
    16  translation   of  all  orders  of  protection  or  temporary  orders  of
    17  protection where the petitioner or respondent, or victim  or  defendant,
    18  is not fluent in the English language.
    19    (ii)  Such  translation services shall be made available to all family
    20  courts and criminal courts that issue orders of protection or  temporary
    21  orders  of  protection,  and  shall  be  made  available in the ten most
    22  frequently used languages in New York state, as well as  any  additional
    23  languages that the chief administrator of the courts deems appropriate.
    24    (iii) Translation services may be provided through the use of computer
    25  software, but must also be available through audio means for the visual-
    26  ly impaired.
    27    (iv)  Translation  services shall not affect the validity or enforcea-
    28  bility of any order.
    29    § 6. The chief administrator of the courts may  promulgate  rules  and
    30  regulations in order to effectuate the provisions of this act.
    31    §  7.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law and shall apply to orders of protection issued  on  or
    33  after such effective date.
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