S T A T E O F N E W Y O R K
________________________________________________________________________
5273
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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Introduced by M. of A. ESPAILLAT, POWELL, LAVINE -- Multi-Sponsored by
-- M. of A. DIAZ, SCARBOROUGH, TOWNS, WRIGHT -- 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:
Section 1. Section 153-c of the family court act is amended by adding
a new undesignated paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 2. Subdivision 1 of section 168 of the family court act, as amended
by chapter 416 of the laws of 1981, is amended to read as follows:
1. In any case in which an order of protection or temporary order of
protection has been made by the family court, the clerk of the court
shall issue a copy of such order to the petitioner and respondent and to
any other person affected by the order. 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 APPROPRI-
ATE LANGUAGE ANY ORDER OF PROTECTION ISSUED BY THE COURT. SUCH TRANS-
LATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. The
presentation of a copy of an order of protection or temporary order of
protection or a warrant or a certificate of warrant to any peace offi-
cer, acting pursuant to his special duties, or police officer shall
constitute authority for him to arrest a person charged with violating
the terms of such order of protection or temporary order of protection
and bring such person before the court and, otherwise, so far as lies
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08376-01-9
A. 5273 2
within his power, to aid in securing the protection such order was
intended to afford, provided, however, that any outstanding, unexpired
certificate of order of protection or temporary order of protection
shall have the same force and effect as a copy of such order or tempo-
rary order.
S 3. Section 331.5 of the family court act is amended by adding a new
subdivision 5 to read as follows:
5. 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
S 4. Subdivision 1 of section 352.3 of the family court act, as
amended by chapter 532 of the laws of 2008, is amended to read as
follows:
(1) Upon the issuance of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court may
enter an order of protection against any respondent for good cause
shown. 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER. The order may require that the
respondent: (a) stay away from the home, school, business or place of
employment of the victims of the alleged offense; or (b) refrain from
harassing, intimidating, threatening or otherwise interfering with the
victim or victims of the alleged offense and such members of the family
or household of such victim or victims as shall be specifically named by
the court in such order; or (c) refrain from intentionally injuring or
killing, without justification, any companion animal the respondent
knows to be owned, possessed, leased, kept or held by the person
protected by the order or a minor child residing in such person's house-
hold. "Companion animal", as used in this subdivision, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law.
S 5. Section 430 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D) 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
S 6. Section 446 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 7. Section 550 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
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S 8. Section 551 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 9. Section 655 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 10. Section 656 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 11. Subdivision (a) of section 740 of the family court act, as
amended by chapter 416 of the laws of 1981, is amended to read as
follows:
(a) Upon the filing of a petition under this article, the court for
good cause shown may issue a temporary order of protection which may
contain any of the provisions authorized on the making of an order of
protection under section seven hundred fifty-nine. 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 ANY ORDER OF PROTECTION ISSUED BY THE COURT.
SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE
ORDER.
S 12. Section 759 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 13. Section 780 of the family court act is amended by adding a new
undesignated paragraph to read as follows:
WHERE AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE
PROCEEDING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRET-
ER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION
ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER.
S 14. Subdivision 1 of section 828 of the family court act is amended
by adding a new paragraph (c) to read as follows:
(C) 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
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S 15. The opening paragraph of section 842 of the family court act, as
amended by chapter 579 of the laws of 2003, is amended to read as
follows:
An order of protection under section eight hundred forty-one of this
part shall set forth reasonable conditions of behavior to be observed
for a period not in excess of two years by the petitioner or respondent
or for a period not in excess of five years upon (i) a finding by the
court on the record of the existence of aggravating circumstances as
defined in paragraph (vii) of subdivision (a) of section eight hundred
twenty-seven of this article; or (ii) a finding by the court on the
record that the conduct alleged in the petition is in violation of a
valid order of protection. Any finding of aggravating circumstances
pursuant to this section shall be stated on the record and upon the
order of protection. Any order of protection issued pursuant to this
section shall specify if an order of probation is in effect. [Any] WHERE
AN INTERPRETER HAS BEEN APPOINTED BY THE COURT TO ASSIST IN THE PROCEED-
ING BEFORE THE COURT, THE COURT SHALL ALSO DIRECT SUCH INTERPRETER TO
TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF PROTECTION ISSUED
BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE VALIDITY OR
ENFORCEABILITY OF THE ORDER. AN order of protection issued pursuant to
this section may require the petitioner or the respondent:
S 16. Section 1023 of the family court act, as amended by chapter 170
of the laws of 1990, is amended to read as follows:
S 1023. Procedure for issuance of temporary order. Any person who may
originate a proceeding under this article may apply for, or the court on
its own motion may issue, an order of temporary removal under section
one thousand twenty-two or one thousand twenty-seven or an order for the
provision of services or assistance, including emergency medical or
surgical procedures pursuant to subdivision (c) of section one thousand
twenty-two, or a temporary order of protection pursuant to section [ten
hundred] ONE THOUSAND twenty-nine. 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 APPROPRI-
ATE LANGUAGE ANY ORDER OF PROTECTION ISSUED BY THE COURT. SUCH TRANS-
LATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. The
applicant or, where designated by the court, any other appropriate
person, shall make every reasonable effort, with due regard for any
necessity for immediate protective action, to inform the parent or other
person legally responsible for the child's care of the intent to apply
for the order, of the date and the time that the application will be
made, the address of the court where the application will be made, of
the right of the parent or other person legally responsible for the
child's care to be present at the application and at any hearing held
thereon and, of the right to be represented by counsel, including proce-
dures for obtaining counsel, if indigent.
S 17. Subdivision (a) of section 1029 of the family court act, as
amended by chapter 673 of the laws of 1988, is amended to read as
follows:
(a) The family court, upon the application of any person who may orig-
inate a proceeding under this article, for good cause shown, may issue a
temporary order of protection, before or after the filing of such peti-
tion, which may contain any of the provisions authorized on the making
of an order of protection under section [ten hundred] ONE THOUSAND
fifty-six OF THIS ARTICLE. WHERE AN INTERPRETER HAS BEEN APPOINTED BY
THE COURT TO ASSIST IN THE PROCEEDING BEFORE THE COURT, THE COURT SHALL
ALSO DIRECT THE INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE
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ANY ORDER OF PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT
AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. If such order is
granted before the filing of a petition and a petition is not filed
under this article within ten days from the granting of such order, the
order shall be vacated. In any case where a petition has been filed and
a law guardian appointed, such law guardian may make application for a
temporary order of protection pursuant to the provisions of this
section.
S 18. The opening paragraph of subdivision 1 of section 1056 of the
family court act, as amended by chapter 622 of the laws of 1990, is
amended to read as follows:
The court may make an order of protection in assistance or as a condi-
tion of any other order made under this part. Such order of protection
shall remain in effect concurrently with, shall expire no later than the
expiration date of, and may be extended concurrently with, such other
order made under this part, except as provided in subdivision four of
this section. 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER. The order of protection may set
forth reasonable conditions of behavior to be observed for a specified
time by a person who is before the court and is a parent or a person
legally responsible for the child's care or the spouse of the parent or
other person legally responsible for the child's care, or both. Such an
order may require any such person
S 19. Section 530.12 of the criminal procedure 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 ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
S 20. Section 530.13 of the criminal procedure 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
INTERPRETER TO TRANSLATE INTO THE APPROPRIATE LANGUAGE ANY ORDER OF
PROTECTION ISSUED BY THE COURT. SUCH TRANSLATION SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF THE ORDER.
S 21. 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.