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.
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