senate Bill S1870A

2011-2012 Legislative Session

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 bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 19, 2012 print number 1870a
amend (t) and recommit to judiciary
Jun 07, 2011 reported and committed to finance
Jan 04, 2012 referred to judiciary
Jan 13, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1870 - Bill Details

See Assembly Version of this Bill:
A6113A
Current Committee:
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 2009-2010 Legislative Session:
S4594A, A5273A

S1870 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1870

TITLE OF BILL:
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

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 PROVISIONS OF BILL:
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.

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 FOR STATE AND LOCAL GOVERNMENTS:
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1870

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed 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. 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.
  S 3. Section 530.13 of the criminal procedure law is amended by adding
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.
                                                           LBD05814-01-1

S. 1870                             2

  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. 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.

Co-Sponsors

S1870A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6113A
Current Committee:
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 2009-2010 Legislative Session:
S4594A, A5273A

S1870A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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.