Bill Text: NY A00162 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2016-05-03 - REFERRED TO JUDICIARY [A00162 Detail]
Download: New_York-2015-A00162-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 162 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. WEINSTEIN, TITONE, JAFFEE, PERRY, ROSENTHAL -- Multi-Sponsored by -- M. of A. FAHY -- read once and referred 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 S 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 S 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00095-01-5 A. 162 2 1 S 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, 6 WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND 7 CONDITIONS THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE 8 RECORD, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION 9 ISSUED BY THE COURT PURSUANT TO THIS SECTION. SUCH INTERPRETATION SHALL 10 NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. 11 S 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE 16 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS 17 THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY 18 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT 19 PURSUANT TO THIS SECTION. SUCH INTERPRETATION SHALL NOT AFFECT THE 20 VALIDITY OR ENFORCEABILITY OF THE ORDER. 21 S 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE 26 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS 27 THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY 28 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT 29 PURSUANT TO THIS SECTION. SUCH INTERPRETATION SHALL NOT AFFECT THE 30 VALIDITY OR ENFORCEABILITY OF THE ORDER. 31 S 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.