Bill Text: NY A06113 | 2011-2012 | General Assembly | Introduced

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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 7-0)

Status: (Engrossed - Dead) 2012-03-21 - REFERRED TO JUDICIARY [A06113 Detail]

Download: New_York-2011-A06113-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6113
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2011
                                      ___________
       Introduced  by  M.  of A. WEINSTEIN, LAVINE -- read once and referred to
         the Committee on Judiciary
       AN ACT to amend the family court act and the criminal procedure 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. 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    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  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.
   22    S 3. Section 530.13 of the criminal procedure law is amended by adding
   23  a new subdivision 4-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05814-01-1
       A. 6113                             2
    1    4-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
    2  THE  PROCEEDING  BEFORE  THE  COURT,  THE COURT   SHALL ALSO DIRECT SUCH
    3  INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE  ON  THE  RECORD,
    4  WHILE  THE  INTERPRETER  IS  PRESENT  IN  COURT, THE ESSENTIAL TERMS AND
    5  CONDITIONS, AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION
    6  OR  TEMPORARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS
    7  SECTION.  SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABIL-
    8  ITY OF THE ORDER.
    9    S 4. This act shall take effect on the ninetieth day  after  it  shall
   10  have  become  a law and shall apply to orders of protection issued on or
   11  after such effective date.