Text: HF00270 Text: HF00272 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 804.32 ARREST OR QUESTIONING OF
1 2 NON-ENGLISH-SPEAKING PERSON – USE OF INTERPRETERS – FEE.
1 3 1. When a person is questioned, detained for questioning,
1 4 or arrested for alleged commission of a public offense and
1 5 there is reason to believe that the person cannot speak or
1 6 understand the English language, the peace officer making the
1 7 arrest or taking the person into custody or any other officer
1 8 detaining or questioning the person shall determine if the
1 9 person cannot speak or understand the English language. If
1 10 the officer so determines, the officer may procure, but shall
1 11 procure prior to commencing any custodial interrogation of a
1 12 person, an interpreter qualified under the rules adopted by
1 13 the supreme court under section 622A.7. The interpreter shall
1 14 interpret the officer's warnings of constitutional rights and
1 15 protections and all other warnings, statements, and questions
1 16 spoken or written by any officer, attorney, or other person
1 17 present and all statements and questions communicated in the
1 18 foreign language by the person who cannot speak or understand
1 19 the English language.
1 20 2. When communication occurs with a person through an
1 21 interpreter pursuant to this section, all questions or
1 22 statements and responses shall be relayed through the
1 23 interpreter. The role of the interpreter is to facilitate
1 24 communication between the law enforcement officer or officers,
1 25 other parties to any questioning or taking part in effecting
1 26 the arrest or detention, and the person who cannot speak or
1 27 understand the English language. An interpreter shall not be
1 28 compelled to answer any question or respond to any statement
1 29 that serves to violate that role at the time of questioning or
1 30 arrest or at any subsequent administrative or judicial
1 31 proceeding.
1 32 3. If a person waives the presence of an interpreter
1 33 pursuant to this section, any answer, statement, or admission,
1 34 oral or written, made by the person in reply to a question of
1 35 a law enforcement officer or any other person having a
2 1 prosecutorial function in a criminal proceeding is admissible
2 2 in court and may be used against the person. In the event of
2 3 a waiver and criminal proceeding, the court shall determine
2 4 whether the waiver and any subsequent answer, statement, or
2 5 admission made by the person was knowingly, voluntarily, and
2 6 intelligently made.
2 7 4. This section does not prohibit the request for and
2 8 administration of a preliminary breath screening test or the
2 9 request for and administration of a chemical test of a body
2 10 substance or substances under chapter 321J prior to the
2 11 arrival of a qualified interpreter for a person who cannot
2 12 speak or understand the English language and who is believed
2 13 to have committed a violation of section 321J.2. However,
2 14 upon the arrival of the interpreter the officer who requested
2 15 the chemical test shall explain through the interpreter the
2 16 reason for the testing, the consequences of the person's
2 17 consent or refusal, and the ramifications of the results of
2 18 the test, if one was administered.
2 19 5. An interpreter procured under this section shall be
2 20 paid a reasonable fee and expenses by the governmental
2 21 subdivision funding the law enforcement agency that procured
2 22 the interpreter. Any fees or expenses paid by the
2 23 governmental subdivision are recoverable by the city or county
2 24 as a cost of prosecution under section 815.13 from a person
2 25 charged in the criminal case, unless the person is found not
2 26 guilty.
2 27 EXPLANATION
2 28 This bill provides for the securing of a qualified
2 29 interpreter for purposes of conducting questioning of persons
2 30 who are unable to speak the English language regarding a
2 31 criminal charge, whether the questioning is prior or incident
2 32 to an arrest, and for the recovery of the costs of securing
2 33 the interpreter from a person who is charged and convicted of
2 34 the criminal charge.
2 35 The officer who arrests the person, detains the person, or
3 1 otherwise commences questioning of a person regarding a
3 2 criminal charge is to make a determination of whether the
3 3 person is able to speak or understand the English language.
3 4 If the officer determines that person cannot speak or
3 5 understand the English language, the officer is permitted to
3 6 secure the services of an interpreter. If the questioning
3 7 takes the form of custodial interrogation, the officer must
3 8 secure an interpreter if the officer has determined that the
3 9 person cannot speak or understand English. All questions or
3 10 statements are to be relayed through the interpreter and the
3 11 interpreter cannot be compelled to answer any question or
3 12 respond to any statement that violates the interpreter role.
3 13 If a person knowingly, voluntarily, and intelligently waives
3 14 the presence of an interpreter, any answer, statement, or
3 15 admission made by the person in reply to a question of a law
3 16 enforcement officer is admissible in court.
3 17 The decision that the services of an interpreter are needed
3 18 does not preclude the request for and administration of a
3 19 preliminary breath screening test or other chemical tests
3 20 under the OWI provisions of the Code prior to the arrival of
3 21 the interpreter. Once the interpreter arrives, however, the
3 22 officer's warnings, the consequences of consent or refusal,
3 23 and the ramifications of the results of a test are to be
3 24 explained through the interpreter.
3 25 An interpreter is to be paid a reasonable fee and expenses
3 26 by the governmental subdivision funding the agency that
3 27 procured the interpreter. Any fees or expenses paid are
3 28 recoverable as a cost of prosecution from a person charged,
3 29 unless the person is found not guilty or the action is
3 30 dismissed.
3 31 LSB 1723YH 77
3 32 lh/cf/24.1
Text: HF00270 Text: HF00272 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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