Bill Text: NY A09481 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2016-03-10 - referred to judiciary [A09481 Detail]

Download: New_York-2015-A09481-Introduced.html

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                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