What's happening
This bill requires New York courts to provide translation and interpretation services for orders of protection to individuals with limited English proficiency or disabilities.
Why it matters
Improves access to justice and safety. By mandating translation and interpretation of orders of protection, the bill ensures that people with limited English proficiency or disabilities can fully understand crucial court orders meant to protect them or restrict their actions—making these protections more meaningful and enforceable.
Reduces risk of unintentional violations. Defendants who cannot read or understand English (or who have certain disabilities) will be less likely to inadvertently violate orders due to language barriers, potentially preventing unnecessary arrests or legal consequences stemming from misunderstandings.
Promotes fairness and due process. The bill requires courts to actively inquire about and inform individuals of their right to a translated order, and to provide in-court interpretation of the essential terms, making the legal process more transparent and equitable for all parties involved.
Sets clear statewide standards. By specifying translation in the ten most common languages and providing for additional languages and accessible formats (like audio for the visually impaired), the legislation creates uniformity across New York courts, reducing disparities based on geography or local resources.
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Who cares
Headline styles
Courts Must Offer Translation
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5051
2017-2018 Regular Sessions
IN SENATE
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 family court act and the criminal procedure 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. Paragraph (t) of subdivision 2 of section 212 of the judiciary 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 paragraph (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 disability.
(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 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.
(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 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.
(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 temporary 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 disability.
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 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.
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.