Bill Text: NY A01084 | 2013-2014 | General Assembly | Amended
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 10-0)
Status: (Engrossed - Dead) 2014-01-14 - REFERRED TO JUDICIARY [A01084 Detail]
Download: New_York-2013-A01084-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1084--A Cal. No. 58 2013-2014 Regular Sessions I N A S S E M B L Y (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 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 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 S 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 S 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 S 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 S 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.