What's happening
This bill requires courts to provide translation services for orders of protection to individuals not fluent in English, in multiple languages.
Why it matters
Improves access to justice for non-English speakers. By mandating translation of orders of protection, the bill helps ensure that all parties—both those seeking protection and those subject to the orders—can fully understand their legal rights and obligations, reducing confusion and potential unintentional violations.
Targets the most commonly spoken languages. The requirement to provide translations in the ten most frequently used languages in New York, with flexibility for more as needed, means that the law will benefit the largest possible number of residents from diverse linguistic backgrounds.
Includes accessibility for the visually impaired. The bill requires that translations be available not only in written form (including via computer software), but also through audio means, ensuring those with visual impairments are not left out.
Clarifies that translation is not a legal loophole. The explicit statement that the validity or enforceability of orders is not affected by availability or lack of translation protects the integrity of the court’s authority, while still prioritizing access and understanding for all parties.
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Who cares
Headline styles
Translate Court Protection Orders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Reported and committed to finance
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2185
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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 Assembly, 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.
§ 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.
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07101-01-7
S. 2185 2
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.
§ 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.
§ 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 visually impaired.
(iv) Translation services shall not affect the validity or enforceability of any order.
§ 6. The chief administrator of the courts may promulgate rules and regulations in order to effectuate the provisions of this act.
§ 7. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to orders of protection issued on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 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.
Justification
This bill will 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
2015-2016: S5941 - PASSED SENATE
Fiscal implications
None
Effective date
This act shall take effect 60 days after it shall have become a law and shall apply to orders of protection issued on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.