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.