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.
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