Bill Text: NY S00790 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires orders of protection and temporary orders of protection issued in family court or in cases of family offenses in criminal court or in matrimonial actions to be translated by an interpreter into the native language of the parties.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S00790 Detail]

Download: New_York-2017-S00790-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         790--A
            Cal. No. 424
                               2017-2018 Regular Sessions
                    IN SENATE
                                     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
        AN ACT to amend the family court act, the criminal procedure law and the
          domestic relations law, in relation to written translation  of  orders
          of protection
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The family court act is amended by adding a new section 169
     2  to read as follows:
     3    § 169. Interpretation of orders of protection.  The  office  of  court
     4  administration  shall  develop  a  process  by  which  a  court order of
     5  protection or temporary order of protection issued by  the  court  under
     6  article  three,  four,  five,  six,  seven, eight or ten of this act, is
     7  translated in writing into the appropriate language for  a  party  to  a
     8  proceeding  where  the court has appointed an interpreter, and a copy of
     9  the written translation shall be given to each party in the  proceeding.
    10  Such process developed by the office of court administration may include
    11  but not be limited to the use of interpreters or computer software. Such
    12  written  interpretation  shall not affect the validity or enforceability
    13  of the order.
    14    § 2. Section 530.12 of the criminal procedure law is amended by adding
    15  a new subdivision 5-a to read as follows:
    16    5-a. The office of court administration shall  develop  a  process  by
    17  which  a  court  order of protection or temporary order of protection is
    18  translated in writing into the appropriate language for  a  party  to  a
    19  proceeding  where  the court has appointed an interpreter, and a copy of
    20  the written translation shall be given to each party in the  proceeding.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00008-03-7
        S. 790--A                           2
     1  Such process developed by the office of court administration may include
     2  but  not  be  limited  to  the use of interpreters or computer software.
     3  Such written interpretation shall not affect the validity  or  enforcea-
     4  bility of the order.
     5    § 3. Section 530.13 of the criminal procedure law is amended by adding
     6  a new subdivision 4-a to read as follows:
     7    4-a.  The  office  of  court administration shall develop a process by
     8  which a court order of protection or temporary order  of  protection  is
     9  translated  in  writing  into  the appropriate language for a party to a
    10  proceeding where the court has appointed an interpreter, and a  copy  of
    11  the  written translation shall be given to each party in the proceeding.
    12  Such process developed by the office of court administration may include
    13  but not be limited to the use  of  interpreters  or  computer  software.
    14  Such  written  interpretation shall not affect the validity or enforcea-
    15  bility of the order.
    16    § 4. Subdivision 3 of section 240 of the  domestic  relations  law  is
    17  amended by adding a new paragraph a-1 to read as follows:
    18    a-1.  The  office  of  court administration shall develop a process by
    19  which a court order of protection or temporary order  of  protection  is
    20  translated  in  writing  into  the appropriate language for a party to a
    21  proceeding where the court has appointed an interpreter, and a  copy  of
    22  the  written translation shall be given to each party in the proceeding.
    23  Such process developed by the office of court administration may include
    24  but not be limited to the use  of  interpreters  or  computer  software.
    25  Such  written  interpretation shall not affect the validity or enforcea-
    26  bility of the order.
    27    § 5. Section 252 of the domestic relations law is amended by adding  a
    28  new subdivision 1-a to read as follows:
    29    1-a.  The  office  of  court administration shall develop a process by
    30  which a court order of protection or temporary order  of  protection  is
    31  translated  in  writing  into  the appropriate language for a party to a
    32  proceeding where the court has appointed an interpreter, and a  copy  of
    33  the  written translation shall be given to each party in the proceeding.
    34  Such process developed by the office of court administration may include
    35  but not be limited to the use  of  interpreters  or  computer  software.
    36  Such  written  interpretation shall not affect the validity or enforcea-
    37  bility of the order.
    38    § 6. This act shall take effect on the ninetieth day  after  it  shall
    39  have  become  a law and shall apply to orders of protection issued on or
    40  after such effective date.