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A06113 Summary:

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A06113 Text:

 
                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.