Bill Text: NY S00790 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S00790 Detail]

Download: New_York-2017-S00790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           790
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed 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    §  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    § 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.
    22    § 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.
                                                                   LBD00008-01-7
        S. 790                              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 interpret into the appropriate language  on  the  record,
     4  while  the  interpreter  is  present  in  court, the essential terms and
     5  conditions  that  the  court  shall  clearly  outline  and read into the
     6  record, of any order of protection  or  temporary  order  of  protection
     7  issued by the court pursuant to this section.  Such interpretation shall
     8  not affect the validity or enforceability of the order.
     9    §  4.  Subdivision  3  of section 240 of the domestic relations law is
    10  amended by adding a new paragraph a-1 to read as follows:
    11    a-1. Where an interpreter has been appointed by the court to assist in
    12  the proceeding before the court, the court shall also direct such inter-
    13  preter to interpret into the appropriate language on the  record,  while
    14  the  interpreter is present in court, the essential terms and conditions
    15  that the court shall clearly outline and read into the  record,  of  any
    16  order of protection or temporary order of protection issued by the court
    17  pursuant  to  this  section.  Such  interpretation  shall not affect the
    18  validity or enforceability of the order.
    19    § 5. Section 252 of the domestic relations law is amended by adding  a
    20  new subdivision 1-a to read as follows:
    21    1-a. Where an interpreter has been appointed by the court to assist in
    22  the proceeding before the court, the court shall also direct such inter-
    23  preter  to  interpret into the appropriate language on the record, while
    24  the interpreter is present in court, the essential terms and  conditions
    25  that  the  court  shall clearly outline and read into the record, of any
    26  order of protection or temporary order of protection issued by the court
    27  pursuant to this section.  Such  interpretation  shall  not  affect  the
    28  validity or enforceability of the order.
    29    §  6.  This  act shall take effect on the ninetieth day after it shall
    30  have become a law and shall apply to orders of protection issued  on  or
    31  after such effective date.