Bill Text: NY S01870 | 2011-2012 | General Assembly | Introduced
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 5-0)
Status: (Introduced - Dead) 2012-03-13 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S01870 Detail]
Download: New_York-2011-S01870-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1870 2011-2012 Regular Sessions I N S E N A T E January 13, 2011 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act and the criminal procedure law, in relation to the duties of interpreters appointed by the courts in certain cases 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 S 169. TRANSLATION OF ORDERS OF PROTECTION. WHERE AN INTERPRETER HAS 4 BEEN APPOINTED BY THE COURT TO ASSIST IN THE PROCEEDING BEFORE THE 5 COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRETER TO TRANSLATE INTO 6 THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT 7 IN COURT, THE ESSENTIAL TERMS AND CONDITIONS, AS CLEARLY OUTLINED BY THE 8 COURT, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION 9 ISSUED BY THE COURT UNDER ARTICLE THREE, FOUR, FIVE, SIX, SEVEN, EIGHT 10 OR TEN OF THIS ACT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR 11 ENFORCEABILITY OF THE ORDER. 12 S 2. Section 530.12 of the criminal procedure law is amended by adding 13 a new subdivision 5-a to read as follows: 14 5-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN 15 THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER- 16 PRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE 17 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS, 18 AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION OR TEMPO- 19 RARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION. 20 SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE 21 ORDER. 22 S 3. Section 530.13 of the criminal procedure law is amended by adding 23 a new subdivision 4-a to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05814-01-1 S. 1870 2 1 4-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN 2 THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH 3 INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, 4 WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND 5 CONDITIONS, AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION 6 OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS 7 SECTION. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABIL- 8 ITY OF THE ORDER. 9 S 4. This act shall take effect on the ninetieth day after it shall 10 have become a law and shall apply to orders of protection issued on or 11 after such effective date.