Relating to interpreters for limited-English-proficient, deaf, and hard-of-hearing persons in certain court proceedings and including effective date provisions

This bill relates to interpreters for limited-English-proficient persons and sign language interpreters for deaf and hard-of-hearing persons. The bill amends Code chapter 622A, which in the bill provides for interpreters for limited-English-proficient persons in legal proceedings. The bill defines “limited English proficient” to mean the inability to adequately understand or effectively communicate in the English language because a person’s primary language is a language other than English.1302(3) when a limited-English-proficient person is entitled to an interpreter and the interpreter services are not provided before an administrative agency. The bill provides that in civil cases, every court shall tax the costs of an interpreter the same as other court costs.15 for the purpose of receiving fees, except that subpoenas are not required. The bill provides that an administrative agency shall pay an interpreter when a limited-English-proficient person is entitled to an interpreter and the interpreter services are provided before an administrative agency. The bill provides that the agency may require that the party to the proceeding pay the expense of the interpreter. The bill provides that an interpreter in a legal proceeding shall take an oath consistent with rules the supreme court adopts under Code chapter 622A. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of an interpreter, the court or administrative agency may also inquire into the neutrality of the interpreter. The bill amends the section of Code chapter 622A that provides the authorization for rulemaking to specify interpreters appearing in legal proceedings. The bill provides that an electronic recording of the portion of proceedings where non-English testimony is given shall be made and maintained for one year after the entry of the final disposition or sentence, or if the final judgment is appealed, until one year after the final disposition of the appeal. The bill provides that communications between a limited-English-proficient person and a third party which are privileged under Code chapter 622 in which an interpreter participates as an interpreter shall be privileged with regard to the interpreter. The bill also amends Code chapter 622B, which provides for sign language interpreters for deaf and hard-of-hearing persons. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of a sign language interpreter, the court or administrative agency may also inquire into the neutrality of the sign language interpreter.11 provides appropriations for indigent defense. The bill provides that costs and fees associated with interpreters are not payable from the indigent defense fund. The result of the bill, in part, is that the judicial branch, through the state court administrator, is to assume responsibility for the review and payment of interpreter and translator claims formerly paid from the indigent defense fund. The bill takes effect October 1, 2020.