S.F. 271 Section 1. Section 232.141, subsections 1 and 2, Code 2015, 1 are amended to read as follows: 2 1. Except as otherwise provided by law, the court shall 3 inquire into the ability of the child or the child’s parent 4 to pay expenses incurred pursuant to subsections 2, 4, and 8 . 5 After giving the parent a reasonable opportunity to be heard, 6 the court may order the parent to pay all or part of the costs 7 of the child’s care, examination, treatment, legal expenses, 8 or other expenses , excluding the costs and fees of interpreter 9 and translator services . An order entered under this section 10 does not obligate a parent paying child support under a custody 11 decree, except that part of the monthly support payment may be 12 used to satisfy the obligations imposed by the order entered 13 pursuant to this section . If a parent fails to pay as ordered, 14 without good reason, the court may proceed against the parent 15 for contempt and may inform the county attorney who shall 16 proceed against the parent to collect the unpaid amount. Any 17 payment ordered by the court shall be a judgment against each 18 of the child’s parents and a lien as provided in section 19 624.23 . If all or part of the amount that the parents are 20 ordered to pay is subsequently paid by the county or state, 21 the judgment and lien shall thereafter be against each of the 22 parents in favor of the county to the extent of the county’s 23 payments and in favor of the state to the extent of the state’s 24 payments. 25 2. All of the following juvenile court expenses are a charge 26 upon the county in which the proceedings are held, to the 27 extent provided in subsection 3 : 28 a. Juvenile court expenses incurred by an attorney appointed 29 by the court to serve as counsel to any party or to serve as a 30 guardian ad litem for any child, including fees and expenses 31 for foreign language interpreters, costs of depositions and 32 transcripts, fees and mileage of witnesses, and the expenses of 33 officers serving notices and subpoenas. 34 b. Reasonable compensation for an attorney appointed by the 35 -1- LSB 1141SV (3) 86 jh/rj 1/ 9

S.F. 271 court to serve as counsel to any party or as guardian ad litem 1 for any child in juvenile court. 2 c. Fees and expenses incurred by the juvenile court for 3 foreign language interpreters for court proceedings. 4 Sec. 2. Section 622A.1, Code 2015, is amended to read as 5 follows: 6 622A.1 Definitions. 7 As used in this chapter , unless the context otherwise 8 requires: 9 1. “Administrative agency” means any department, board, 10 commission, or agency of the state or any political subdivision 11 of the state. 12 2. “Interpreter” means a person who can accurately transfer 13 the meaning of words, phrases, or signs of one language into 14 the equivalent words, phrases, or signs in another language 15 and includes an oral language interpreter and a sign language 16 interpreter. 17 2. 3. “Legal proceeding” means any action before any 18 court, or any legal action preparatory to appearing before 19 any court, whether civil, criminal, or juvenile in nature; 20 and any proceeding before any administrative agency which 21 is quasi-judicial in nature and which has direct legal 22 implications to any person. 23 4. “Limited English proficient” means the inability to 24 adequately understand or effectively communicate in the English 25 language because a person’s primary language is a language 26 other than English or the person is deaf, deaf-blind, or 27 hard-of-hearing. 28 5. “Oral language interpreter” means an interpreter who is 29 able to interpret from one oral language into a second oral 30 language and from the second oral language into the first oral 31 language. 32 6. “Participant” means a party, witness, or attorney in any 33 legal proceeding; a child who is or may be the subject of a 34 delinquency petition; a parent, guardian, or custodian, whose 35 -2- LSB 1141SV (3) 86 jh/rj 2/ 9

S.F. 271 child is or may be the subject of a delinquency petition; or a 1 person who is a guardian, conservator, or trustee in a probate 2 case. 3 7. “Sign language interpreter” means an interpreter who is 4 able to interpret from sign language into an oral language and 5 from that oral language into sign language. 6 Sec. 3. Section 622A.2, Code 2015, is amended to read as 7 follows: 8 622A.2 Who entitled to an interpreter. 9 Every A limited English proficient person who cannot speak 10 or understand the English language and who is a party to any 11 legal proceeding or a witness therein, shall be is entitled to 12 an interpreter to assist such person throughout the proceeding. 13 without cost when the limited English proficient person is any 14 of the following: 15 1. A participant in a legal proceeding. 16 2. A party whom a court has ordered to participate in a 17 predisposition program. 18 3. A party in a pending court case who requires an 19 interpreter during a deposition or consultation with an 20 attorney or in preparation for a legal proceeding before 21 any court, if the party is entitled to appointment of legal 22 counsel in a criminal or juvenile case, or the court otherwise 23 determines that the party is indigent or cannot afford to pay 24 for interpreter services. 25 Sec. 4. Section 622A.3, Code 2015, is amended by striking 26 the section and inserting in lieu thereof the following: 27 622A.3 Payment of interpreters. 28 1. The state court administrator shall pay an oral language 29 interpreter from the revolving fund created in section 30 602.1302, subsection 3, when a limited English proficient 31 person is entitled to an oral language interpreter under 32 section 622A.2 and the oral language interpreter services are 33 not provided before an administrative agency. 34 2. The county where interpreter services are provided shall 35 -3- LSB 1141SV (3) 86 jh/rj 3/ 9

S.F. 271 pay a sign language interpreter or a real-time court reporter 1 when a deaf, deaf-blind, or hard-of-hearing person is entitled 2 to a sign language interpreter under section 622A.2 and the 3 interpreter services are not provided before an administrative 4 agency. 5 3. An administrative agency shall pay an interpreter when a 6 limited English proficient person is entitled to an interpreter 7 under section 622A.2 and the interpretive services are provided 8 before an administrative agency. 9 Sec. 5. Section 622A.4, Code 2015, is amended to read as 10 follows: 11 622A.4 Fee set by court —— payment or administrative agency . 12 Every interpreter appointed by a court or administrative 13 agency shall receive a fee to be set by the court or 14 administrative agency. If the interpreter is appointed by the 15 court in a civil case for a person who is indigent and unable 16 to secure an interpreter, the fee for the interpreter shall be 17 paid from the revolving fund established in section 602.1302, 18 subsection 3 . 19 Sec. 6. Section 622A.5, Code 2015, is amended to read as 20 follows: 21 622A.5 Oath. 22 Every interpreter in any legal proceeding shall take the 23 same an oath as any other witness consistent with the rules the 24 supreme court adopts under this chapter . 25 Sec. 7. Section 622A.6, Code 2015, is amended to read as 26 follows: 27 622A.6 Qualifications , neutrality, and integrity. 28 Any court or administrative agency may inquire into the 29 qualifications , neutrality, and integrity of any interpreter, 30 and may disqualify any person from serving as an interpreter. 31 Sec. 8. Section 622A.8, Code 2015, is amended to read as 32 follows: 33 622A.8 Tape Electronic recording of testimony . 34 A tape An electronic recording of the portion of 35 -4- LSB 1141SV (3) 86 jh/rj 4/ 9

S.F. 271 proceedings where non-English testimony is given shall be 1 made and maintained for one year after the entry of the final 2 disposition or sentence or, if the final judgment is appealed, 3 until one year after the final disposition of the appeal . 4 Sec. 9. Section 622B.1, subsection 1, Code 2015, is amended 5 to read as follows: 6 1. As used in this chapter , unless the context otherwise 7 requires: 8 a. “Administrative agency” means any department, board, 9 commission, or agency of the state or any political subdivision 10 of the state. 11 b. “Deaf person” means an individual who uses sign language 12 as the person’s primary mode of communication and who may use 13 interpreters to facilitate communication. 14 c. “Hard-of-hearing person” means an individual who 15 is unable to hear and distinguish sounds within normal 16 conversational range and who needs to use speechreading, 17 assistive listening devices, or oral interpreters other 18 reasonable accommodations to facilitate communication. 19 d. “Interpreter” means an oral interpreter or sign language 20 interpreter a person who can accurately transfer the meaning of 21 words, phrases, or signs in one language into the equivalent 22 words, phrases, or signs in another language, and includes an 23 oral language interpreter and a sign language interpreter . 24 e. “Oral language interpreter” means an interpreter who is 25 fluent in transliterating, paraphrasing, and voicing able to 26 interpret from one oral language into a second oral language 27 and from the second oral language into the first oral language . 28 f. “Participant” means a party, witness, or attorney in any 29 legal proceeding; a child who is or may be the subject of a 30 delinquency petition; a parent, guardian, or custodian, whose 31 child is or may be the subject of a delinquency petition; or a 32 person who is a guardian, conservator, or trustee in a probate 33 case. 34 f. g. “Sign language interpreter” means an interpreter who 35 -5- LSB 1141SV (3) 86 jh/rj 5/ 9

S.F. 271 is able to interpret from sign language to English and English 1 to sign language into an oral language and from that oral 2 language into sign language . 3 Sec. 10. Section 622B.2, Code 2015, is amended by striking 4 the section and inserting in lieu thereof the following: 5 622B.2 Interpreter appointed. 6 A court or administrative agency shall appoint an 7 interpreter without expense to a deaf or hard-of-hearing person 8 to interpret the proceedings to the deaf or hard-of-hearing 9 person and to interpret the deaf or hard-of-hearing person’s 10 testimony, unless the deaf or hard-of-hearing person waives the 11 right to an interpreter, if the deaf or hard-of-hearing person 12 is any of the following: 13 1. A participant in a proceeding before a grand jury, court, 14 or administrative agency of this state. 15 2. A party who is ordered by a court to participate in 16 mediation or a predisposition parenting program in a domestic 17 relations case. 18 3. A party in a pending court case who requires an 19 interpreter during a deposition or consultation with an 20 attorney or in preparation for a legal proceeding before 21 any court, if the party is entitled to appointment of legal 22 counsel in a criminal or juvenile case, or the court otherwise 23 determines that the party is indigent or cannot afford to pay 24 for interpreter services. 25 Sec. 11. Section 622B.8, Code 2015, is amended to read as 26 follows: 27 622B.8 Disqualification. 28 On motion of a party or on its own motion, a court or 29 administrative agency shall inquire into the qualifications , 30 neutrality, and integrity of an interpreter. A court or 31 administrative agency may disqualify for good reason any person 32 from serving as an interpreter in that proceeding. If an 33 interpreter is disqualified, the court or administrative agency 34 shall appoint another interpreter. 35 -6- LSB 1141SV (3) 86 jh/rj 6/ 9

S.F. 271 Sec. 12. Section 815.9, subsection 3, Code 2015, is amended 1 to read as follows: 2 3. If a person is granted an appointed attorney, the 3 person shall be required to reimburse the state for the total 4 cost of legal assistance provided to the person pursuant to 5 this section . “Legal assistance” as used in this section 6 shall include not only the expense of the public defender or 7 an appointed attorney, but also transcripts, witness fees, 8 expenses, and any other goods or services required by law to 9 be provided to an indigent person entitled to an appointed 10 attorney , excluding the costs and fees of interpreter and 11 translator services . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to interpreters for persons who are 16 limited English proficient (LEP), including those persons who 17 are deaf, deaf-blind, or hard-of-hearing, in certain legal 18 proceedings and court-ordered programs. 19 The bill provides that a person is entitled to an interpreter 20 if that person is LEP and is a participant in any legal 21 proceeding, whom a court has ordered to participate in a 22 predisposition program, or is a party in a pending court 23 case and who requires an interpreter during a deposition or 24 attorney consultation, if the party is entitled to appointment 25 of legal counsel, or the court otherwise determines that the 26 party is indigent. An LEP person is a person who is unable 27 to adequately understand or effectively communicate in the 28 English language because the person’s primary language is a 29 language other than English or the person is deaf, deaf-blind, 30 or hard-of-hearing. “Deaf person” means an individual who uses 31 sign language as the person’s primary mode of communication 32 and who may use interpreters to facilitate communication. 33 “Hard-of-hearing person” means an individual who is unable 34 to hear and distinguish sounds within normal conversational 35 -7- LSB 1141SV (3) 86 jh/rj 7/ 9

S.F. 271 range and who needs to use speechreading, assistive listening 1 devices, or other reasonable accommodations to facilitate 2 communication. 3 Under current law, in civil cases the court taxes the cost 4 of an interpreter for a person who cannot speak or understand 5 the English language as court costs, and in a proceeding 6 before an administrative agency the agency may require that 7 a party to the proceeding pay the expense of the interpreter 8 for a person who cannot speak or understand the English 9 language. An interpreter appointed for a person who is deaf or 10 hard-of-hearing is paid by the county if appointed by the court 11 and by the administrative agency if appointed by such agency. 12 The bill provides that fees for interpreter services shall 13 not be charged to an LEP person when such person is entitled 14 to an interpreter. Under the bill, interpreter fees are not 15 taxed as court costs. The bill provides that if an LEP person 16 is entitled to an oral language interpreter in a proceeding 17 or program that is not before an agency, the state court 18 administrator shall pay the oral language interpreter from the 19 revolving fund created in Code section 602.1302(3), and if an 20 LEP person is entitled to an oral language interpreter before 21 an agency, the agency shall pay the interpreter. The bill 22 further provides that if a deaf, deaf-blind, or hard-of-hearing 23 person is entitled to an interpreter or real-time court 24 reporter in a proceeding not before an agency, the county 25 where the interpreter services are provided shall pay the 26 interpreter, and if a deaf, deaf-blind, or hard-of-hearing 27 person is entitled to an interpreter before an agency, the 28 agency shall pay the interpreter. 29 The bill makes conforming changes to exclude the costs 30 of interpreter services from being charged to a parent in a 31 juvenile proceeding (Code section 232.141) and to a person 32 receiving indigent legal assistance (Code section 815.9). 33 The bill also provides that the court or administrative 34 agency, as appropriate, determines the fees and qualifications 35 -8- LSB 1141SV (3) 86 jh/rj 8/ 9

S.F. 271 for interpreter services; that an interpreter in any legal 1 proceeding is required to take an oath; and that a court or an 2 administrative agency may inquire into the neutrality of an 3 interpreter and may disqualify any person from serving as an 4 interpreter. The bill requires electronic rather than audio 5 recordings of the portion of proceedings where non-English 6 testimony is given to be made and maintained for one year 7 after the entry of the final disposition or sentence or, if 8 the final judgment is appealed, until one year after the final 9 disposition of the appeal. 10 -9- LSB 1141SV (3) 86 jh/rj 9/ 9