Amd §169, Fam Ct Act; amd §§530.12 & 530.13, CP L; amd §§240 & 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
________________________________________________________________________
1788
2015-2016 Regular Sessions
IN SENATE
January 14, 2015
___________
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, 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. Interpretation of orders of protection. Where an interpreter
4 has been appointed by the court to assist in the proceeding before the
5 court, the court shall also direct such interpreter to interpret into
6 the appropriate language on the record, while the interpreter is present
7 in court, the essential terms and conditions that the court shall clear-
8 ly outline and read into the record, of any order of protection or
9 temporary order of protection issued by the court under article three,
10 four, five, six, seven, eight or ten of this act. Such interpretation
11 shall not affect the validity or 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 interpret into the appropriate language on the record, while
17 the interpreter is present in court, the essential terms and conditions
18 that the court shall clearly outline and read into the record, of any
19 order of protection or temporary order of protection issued by the court
20 pursuant to this section. Such interpretation shall not affect the
21 validity or enforceability of the order.
22 § 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.
LBD00095-01-5
S. 1788 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 interpret into the appropriate language on the record,
4 while the interpreter is present in court, the essential terms and
5 conditions that the court shall clearly outline and read into the
6 record, of any order of protection or temporary order of protection
7 issued by the court pursuant to this section. Such interpretation shall
8 not affect the validity or enforceability of the order.
9 § 4. Subdivision 3 of section 240 of the domestic relations law is
10 amended by adding a new paragraph a-1 to read as follows:
11 a-1. Where an interpreter has been appointed by the court to assist in
12 the proceeding before the court, the court shall also direct such inter-
13 preter to interpret into the appropriate language on the record, while
14 the interpreter is present in court, the essential terms and conditions
15 that the court shall clearly outline and read into the record, of any
16 order of protection or temporary order of protection issued by the court
17 pursuant to this section. Such interpretation shall not affect the
18 validity or enforceability of the order.
19 § 5. Section 252 of the domestic relations law is amended by adding a
20 new subdivision 1-a to read as follows:
21 1-a. Where an interpreter has been appointed by the court to assist in
22 the proceeding before the court, the court shall also direct such inter-
23 preter to interpret into the appropriate language on the record, while
24 the interpreter is present in court, the essential terms and conditions
25 that the court shall clearly outline and read into the record, of any
26 order of protection or temporary order of protection issued by the court
27 pursuant to this section. Such interpretation shall not affect the
28 validity or enforceability of the order.
29 § 6. This act shall take effect on the ninetieth day after it shall
30 have become a law and shall apply to orders of protection issued on or
31 after such effective date.
