S1728-2013 Actions

• Apr 10, 2013: PRINT NUMBER 1728A
• Apr 10, 2013: AMEND AND RECOMMIT TO JUDICIARY
• Jan 9, 2013: REFERRED TO JUDICIARY

S1728-2013 Memo

BILL NUMBER:S1728

TITLE OF BILL:
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

PURPOSE OF BILL:
To require the court to direct a court appointed interpreter who has
been appointed to assist in a proceeding, to translate into the
appropriate language on the record the essential terms outlined by
the court of any temporary or final order of protection issued by the
court.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds new sections to the Family Court act and the criminal
Procedure Law to require the court to direct a court appointed
interpreter who is present in court to assist in a proceeding, to
direct the interpreter to translate on the record the essential terms
outlined clearly by the court of any temporary or final order of
protection issued by a court.

JUSTIFICATION:
To allow a non-English speaking or hearing impaired respondent or
complainant to understand the contents of a temporary and/or
permanent order of protection issued by the court.

PRIOR LEGISLATIVE HISTORY:
1998:A. 1019 Judiciary
2001/02: A.7103
2003/04: A.5364
2005/06: A.4009
2007/08: A.4605A Referred to Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law
and shall apply to orders of protection issued on or after such date.

S1728-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1728
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  ESPAILLAT,  KRUEGER,  MONTGOMERY, PERKINS -- 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:

 

Section 1. The family court act is amended by adding a new section 169
 to read as follows:

 

S  169. TRANSLATION OF ORDERS OF PROTECTION.  WHERE AN INTERPRETER HAS
 BEEN APPOINTED BY THE COURT TO  ASSIST  IN  THE  PROCEEDING  BEFORE  THE
 COURT,  THE  COURT  SHALL ALSO DIRECT SUCH INTERPRETER TO TRANSLATE INTO
 THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT
 IN COURT, THE ESSENTIAL TERMS AND CONDITIONS, AS CLEARLY OUTLINED BY THE
 COURT, OF ANY ORDER OF  PROTECTION  OR  TEMPORARY  ORDER  OF  PROTECTION
 ISSUED  BY  THE COURT UNDER ARTICLE THREE, FOUR, FIVE, SIX, SEVEN, EIGHT
 OR TEN OF THIS ACT.  SUCH TRANSLATION SHALL NOT AFFECT THE  VALIDITY  OR
 ENFORCEABILITY OF THE ORDER.
 

S 2.

Section 530.12 of the criminal procedure law is amended by adding
 a new subdivision 5-a to read as follows:

 5-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
 THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER
 PRETER  TO  TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
 AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION  OR  TEMPO
 RARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION.
 SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
 ORDER.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02611-01-3
 
       S. 1728                             2
 

S 3.

Section 530.13 of the criminal procedure law is amended by adding
 a new subdivision 4-a to read as follows:

 4-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
 THE  PROCEEDING  BEFORE  THE  COURT,  THE COURT   SHALL ALSO DIRECT SUCH
 INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE  ON  THE  RECORD,
 WHILE  THE  INTERPRETER  IS  PRESENT  IN  COURT, THE ESSENTIAL TERMS AND
 CONDITIONS, AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION
 OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT  PURSUANT  TO  THIS
 SECTION.  SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABIL
 ITY OF THE ORDER.
 

S  4.  Subdivision  3  of section 240 of the domestic relations law is
 amended by adding a new paragraph a-1 to read as follows:

 A-1. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
 THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER
 PRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE  RECORD,  WHILE
 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
 AS  CLEARLY  OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION OR TEMPO
 RARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO  THIS  SECTION.
 SUCH  TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE
 ORDER.
 

S 5.

Section 252 of the domestic relations law is amended by adding  a
 new subdivision 1-a to read as follows:

 1-A. WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN
 THE PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTER
 PRETER  TO  TRANSLATE INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE
 THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS,
 AS CLEARLY OUTLINED BY THE COURT, OF ANY ORDER OF PROTECTION  OR  TEMPO
 RARY  ORDER  OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION.
 SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF  THE
 ORDER.
 

S  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to orders of protection issued  on  or
 after such effective date.

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