Senate Bill S4594

2009-2010 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


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S4594 - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §169, Fam Ct Act; amd §§530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1870
2013-2014: S1728
2015-2016: S1788
2017-2018: S790

2009-S4594 - Summary

Requires orders of protection and temporary orders of protection issued in family court or in cases of family offenses in criminal court to be translated by an interpreter into the native language of the parties.

2009-S4594 - Sponsor Memo

2009-S4594 - Bill Text download pdf

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

                                  4594

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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. 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
within his power, to aid in  securing  the  protection  such  order  was

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08376-01-9
              

2009-S4594A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §169, Fam Ct Act; amd §§530.12 & 530.13, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1870
2013-2014: S1728
2015-2016: S1788
2017-2018: S790

2009-S4594A (ACTIVE) - Summary

Requires orders of protection and temporary orders of protection issued in family court or in cases of family offenses in criminal court to be translated by an interpreter into the native language of the parties.

2009-S4594A (ACTIVE) - Sponsor Memo

2009-S4594A (ACTIVE) - Bill Text download pdf

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

                                 4594--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08376-05-9

              

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