Relating to interpreters and translators for limited-English-proficient, deaf, and hard-of-hearing persons in certain legal proceedings, making appropriations, 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 “interpreter” to mean a person who transfers the meaning of spoken or written words in one language into the equivalent meaning in another spoken language. 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. The bill also defines “translator” to mean a person who transfers the meaning of written or spoken words in one language into the equivalent meaning in the written words of another language.1302(3) when a limited-English-proficient person is entitled to an interpreter or translator 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 or translator 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 or translator 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, and may do the same with regard to translators. The bill amends the section of Code chapter 622A that provides the authorization for rulemaking to specify interpreters appearing in legal proceedings and adds translators to the provision. 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 or translator participates as an interpreter or translator 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 provides that moneys appropriated to the indigent defense fund for the payment of interpreters and translators during the fiscal year beginning July 1, 2021, and ending June 30, 2022, shall be used by the state public defender for payment of costs and fees of interpreters and translators received prior to the effective date of the bill. Moneys appropriated to the indigent defense fund for the payment of interpreters and translators during the fiscal year beginning July 1, 2021, and ending June 30, 2022, that have not yet been disbursed by the state public defender as of the effective date of the bill shall be transferred to the revolving fund under the purview of the judicial branch for jury and witness fees, mileage, costs related to summoning jurors, costs and fees for interpreters and translators, and reimbursement of attorney fees paid by the state public defender for that fiscal year. The bill takes effect November 1, 2021.