senate Bill S1870A

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

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 13 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 07 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 19 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO JUDICIARY
  • 19 / Jan / 2012
    • PRINT NUMBER 1870A
  • 13 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 13 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6113A
Versions:
S1870
S1870A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Add §169, Fam Ct Act; amd §§530.12 & 530.13, CP L; amd §§240 & 252, Dom Rel L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4594A, A5273A
2007-2008: A4605A

Sponsor Memo

BILL NUMBER:S1870A

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1870--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. ESPAILLAT, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee on Judiciary -- recommitted to the Committee on Judici-
  ary in accordance with Senate Rule 6, sec. 8 -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05814-03-2

S. 1870--A                          2

SUCH  TRANSLATION 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 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.