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Senate Bill S1788

2015-2016 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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-S1788 (ACTIVE) - Details

See Assembly Version of this Bill:
A162
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §169, Fam Ct Act; amd §§530.12 & 530.13, CP L; amd §§240 & 252, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4594, A5273
2011-2012: S1870, A6113
2013-2014: S1728, A1084
2017-2018: S790

2015-S1788 (ACTIVE) - 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.

2015-S1788 (ACTIVE) - Sponsor Memo

2015-S1788 (ACTIVE) - Bill Text download pdf 

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

                                  1788

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

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, 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00095-01-5

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