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.
STATE OF NEW YORK
________________________________________________________________________
1870--A
2011-2012 Regular Sessions
IN SENATE
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 § 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.
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 § 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 § 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 § 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 § 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.
