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A01084 Summary:

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A01084 Floor Votes:

A01084 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1084--A
                                                                 Cal. No. 58
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN,  TITONE, JAFFEE, JACOBS, PERRY --
          Multi-Sponsored by -- M. of A. OTIS -- read once and referred  to  the
          Committee  on  Judiciary  -- reported and referred to the Committee on

          Codes -- reported from committee, advanced to a third reading, amended
          and ordered reprinted, retaining its place on the order of third read-
          ing
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02611-02-3
        A. 1084--A                          2
 
     1  pursuant  to  this  section.    Such interpretation shall not affect the
     2  validity or enforceability of the 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 interpret into the appropriate language  on  the  record,
     8  while  the  interpreter  is  present  in  court, the essential terms and
     9  conditions that the court  shall  clearly  outline  and  read  into  the
    10  record,  of  any  order  of  protection or temporary order of protection
    11  issued by the court pursuant to this section.  Such interpretation shall
    12  not affect the validity or enforceability 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  interpret into the appropriate language on the record, while
    18  the interpreter is present in court, the essential terms and  conditions
    19  that  the  court  shall clearly outline and read into the record, of any
    20  order of protection or temporary order of protection issued by the court
    21  pursuant to this section.  Such  interpretation  shall  not  affect  the
    22  validity or enforceability of the 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 interpret into the appropriate language on the  record,  while
    28  the  interpreter is present in court, the essential terms and conditions
    29  that the court shall clearly outline and read into the  record,  of  any
    30  order of protection or temporary order of protection issued by the court
    31  pursuant  to  this  section.  Such  interpretation  shall not affect the
    32  validity or enforceability of the 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.