Bill Text: NY A00162 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 162 (Prior Session Legislation)

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.