Bill Text: NY S01870 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1870--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2011
                                      ___________
       Introduced by Sens. ESPAILLAT, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS
         -- read twice and ordered printed, and when printed to be committed to
         the  Committee on Judiciary -- recommitted to the Committee on Judici-
         ary in accordance with Senate Rule 6, sec. 8 -- committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the family court act, the criminal procedure law and the
         domestic relations 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05814-03-2
       S. 1870--A                          2
    1  SUCH  TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE
    2  ORDER.
    3    S 3. Section 530.13 of the criminal procedure law is amended by adding
    4  a new subdivision 4-a to read as follows:
    5    4-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
    6  THE  PROCEEDING  BEFORE  THE  COURT,  THE COURT   SHALL ALSO DIRECT SUCH
    7  INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE  ON  THE  RECORD,
    8  WHILE  THE  INTERPRETER  IS  PRESENT  IN  COURT, THE ESSENTIAL TERMS AND
    9  CONDITIONS, AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION
   10  OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT  PURSUANT  TO  THIS
   11  SECTION.  SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABIL-
   12  ITY OF THE ORDER.
   13    S  4.  Subdivision  3  of section 240 of the domestic relations law is
   14  amended by adding a new paragraph a-1 to read as follows:
   15    A-1. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
   16  THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER-
   17  PRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
   18  THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
   19  AS  CLEARLY  OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION OR TEMPO-
   20  RARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO  THIS  SECTION.
   21  SUCH  TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE
   22  ORDER.
   23    S 5. Section 252 of the domestic relations law is amended by adding  a
   24  new subdivision 1-a to read as follows:
   25    1-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
   26  THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER-
   27  PRETER  TO  TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
   28  THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
   29  AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION  OR  TEMPO-
   30  RARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION.
   31  SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
   32  ORDER.
   33    S  6.  This  act shall take effect on the ninetieth day after it shall
   34  have become a law and shall apply to orders of protection issued  on  or
   35  after such effective date.