Add S169, Fam Ct Act; amd SS530.12 & 530.13, CP L; amd SS240 & 252, Dom Rel L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6113A
SPONSOR: Weinstein (MS) TITLE OF BILL: 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
PURPOSE OF BILL: To require the court to direct a court appointed
interpreter who has been appointed to assist in a proceeding, to trans-
late 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 adds new sections to the
Family Court act the Criminal Procedure Law and the Domestic Relations
Law to require the court to direct a court appointed interpreter who is
present in court to assist in a proceeding, to direct the interpreter 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 a non-English speaking or hearing impaired
respondent or complainant to understand the contents of a temporary
and/or permanent order of protection issued by the court.
LEGISLATIVE HISTORY:
2011-2012: A6113/S.1870 PA/S. Finance
2009-10: A.5273-A
Espaillat/S.4594-A - PA/S.Judi
2007-08: A.4605-A
Espaillat A.Cal.
2006: A.4009
Espaillat - A.Rules
2005: A.4009
Espaillat - A.Codes
2003-04: A.5364
Espaillat - A.Judi
2001-02: A.7103
Espaillat - A.Judi
2000: A.5517-A
Espaillat - A. Judi
1999: A.5517-A
Espaillat - PA
1998: A.10190
Espaillat - A.Judi
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.
STATE OF NEW YORK
________________________________________________________________________
6113--A
Cal. No. 197
2011-2012 Regular Sessions
IN ASSEMBLY
March 7, 2011
___________
Introduced by M. of A. WEINSTEIN, LAVINE, TITONE -- read once and
referred to the Committee on Judiciary -- advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
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 § 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 § 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05814-02-2
A. 6113--A 2
1 § 3. Section 530.13 of the criminal procedure law is amended by adding
2 a new subdivision 4-a to read as follows:
3 4-a. Where an interpreter has been appointed by the court to assist in
4 the proceeding before the court, the court shall also direct such
5 interpreter to translate into the appropriate language on the record,
6 while the interpreter is present in court, the essential terms and
7 conditions, as clearly outlined by the court, of any order of protection
8 or temporary order of protection issued by the court pursuant to this
9 section. Such translation shall not affect the validity or enforceabil-
10 ity of the order.
11 § 4. Subdivision 3 of section 240 of the domestic relations law is
12 amended by adding a new paragraph a-1 to read as follows:
13 a-1. Where an interpreter has been appointed by the court to assist in
14 the proceeding before the court, the court shall also direct such inter-
15 preter to translate into the appropriate language on the record, while
16 the interpreter is present in court, the essential terms and conditions,
17 as clearly outlined by the court, of any order of protection or tempo-
18 rary order of protection issued by the court pursuant to this section.
19 Such translation shall not affect the validity or enforceability of the
20 order.
21 § 5. Section 252 of the domestic relations law is amended by adding a
22 new subdivision 1-a to read as follows:
23 1-a. Where an interpreter has been appointed by the court to assist in
24 the proceeding before the court, the court shall also direct such inter-
25 preter to translate into the appropriate language on the record, while
26 the interpreter is present in court, the essential terms and conditions,
27 as clearly outlined by the court, of any order of protection or tempo-
28 rary order of protection issued by the court pursuant to this section.
29 Such translation shall not affect the validity or enforceability of the
30 order.
31 § 6. This act shall take effect on the ninetieth day after it shall
32 have become a law and shall apply to orders of protection issued on or
33 after such effective date.
