Bill S1728A-2013

Requires orders of protection issued in family court or in cases of family offenses in criminal court to be interpreted into the native language of the parties

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 interpreted by an interpreter into the native language of the parties.

Details

Actions

  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.107
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1014
  • Apr 10, 2013: PRINT NUMBER 1728A
  • Apr 10, 2013: AMEND AND RECOMMIT TO JUDICIARY
  • Jan 9, 2013: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 4, 2013
Ayes (22): Bonacic, DeFrancisco, Flanagan, Fuschillo, Hannon, Lanza, LaValle, Little, Nozzolio, Savino, Ranzenhofer, Zeldin, Carlucci, Hassell-Thompson, Adams, Breslin, Dilan, Espaillat, Perkins, Stavisky, Hoylman, Addabbo
Ayes W/R (1): O'Mara
VOTE: COMMITTEE VOTE: - Judiciary - Feb 4, 2014
Ayes (21): Bonacic, DeFrancisco, Flanagan, Hannon, Lanza, LaValle, Little, Nozzolio, Savino, Ranzenhofer, Zeldin, Carlucci, Hassell-Thompson, Breslin, Dilan, Espaillat, Perkins, Stavisky, Hoylman, Addabbo, Squadron
Ayes W/R (1): O'Mara

Memo

BILL NUMBER:S1728A

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1728--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, HOYLMAN, KRUEGER, MONTGOMERY, PERKINS, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. INTERPRETATION 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEAR- LY OUTLINE AND READ INTO THE RECORD, 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 INTERPRETATION 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
PURSUANT TO THIS SECTION. SUCH INTERPRETATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION. SUCH INTERPRETATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION. SUCH INTERPRETATION 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 INTERPRET INTO THE APPROPRIATE LANGUAGE ON THE RECORD, WHILE THE INTERPRETER IS PRESENT IN COURT, THE ESSENTIAL TERMS AND CONDITIONS THAT THE COURT SHALL CLEARLY OUTLINE AND READ INTO THE RECORD, OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT PURSUANT TO THIS SECTION. SUCH INTERPRETATION 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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