Skip to content
S268Senate2017-2018 Session

Translate Court Orders

Official title

“Relates to translation services for certain orders by courts of competent jurisdiction”

Sponsor Daniel L. SquadronSD-26Affects Health
Status
In Senate Committee
Children And Families
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Children And Families

What's happening

This bill requires New York courts to provide translation services for orders of protection to individuals not fluent in English.

Why it matters

  1. Expands access to justice and safety for non-English speakers. by ensuring that both protected parties and defendants/respondents in orders of protection can understand the specific terms and conditions, which is crucial for compliance and enforcement.

  2. Mandates translation in the ten most common languages statewide (and more at the court's discretion). , likely covering the linguistic needs of the vast majority of New Yorkers and recognizing the state's diverse population.

  3. Requires translation services be available in both written and audio formats,. addressing the needs of individuals who are visually impaired or unable to read, thereby increasing accessibility for persons with disabilities.

  4. Clarifies that the legal validity and enforceability of orders of protection are not dependent on translation,. ensuring that delays or difficulties with translation do not compromise the protection or legal process for anyone involved.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

  • People protected by orders who are not fluent in English

    Courts would have to provide translation services for orders of protection and temporary orders of protection.

  • Defendants and respondents who are not fluent in English

    They would receive translation services, but an inability to translate an order into their native language would not affect its validity or enforceability.

  • Family and criminal courts and the chief administrator of the courts

    Translation services would have to be available in the ten most frequently used languages in New York State and any additional languages the chief administrator deems appropriate.

  • Visually impaired court users

    Translation services could use computer software but would also have to be available through audio means.

Headline styles

Translate Court Orders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Daniel L. Squadron

Senator · Senate District 26

No co-sponsors yet.

History

  1. Referred to children and families

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

268

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. SQUADRON -- 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00031-01-7

S. 268 2

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.

§ 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 ninetieth 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 90 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.