Senate
Study
Bill
1113
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
interpreters
for
persons
who
are
limited
1
English
proficient,
deaf,
deaf-blind,
or
hard-of-hearing
in
2
certain
legal
proceedings
and
court-ordered
programs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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
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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
a
legal
13
proceeding
.
without
cost
when
the
limited
English
proficient
14
person
is
any
of
the
following:
15
1.
A
participant
in
a
legal
proceeding.
16
2.
A
party
whom
a
court
has
ordered
to
participate
in
either
17
mediation
or
a
predisposition
parenting
program
in
a
domestic
18
relations
case.
19
3.
A
party
in
a
pending
court
case
who
requires
an
20
interpreter
during
a
deposition
or
consultation
with
an
21
attorney
or
in
preparation
for
a
legal
proceeding
before
22
any
court,
if
the
party
is
entitled
to
appointment
of
legal
23
counsel
in
a
criminal
or
juvenile
case,
or
the
court
otherwise
24
determines
that
the
party
is
indigent
or
cannot
afford
to
pay
25
for
interpreter
services.
26
Sec.
4.
Section
622A.3,
Code
2015,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
622A.3
Payment
of
interpreters.
29
1.
The
state
court
administrator
shall
pay
an
oral
language
30
interpreter
from
the
revolving
fund
created
in
section
31
602.1302,
subsection
3,
when
a
limited
English
proficient
32
person
is
entitled
to
an
oral
language
interpreter
under
33
section
622A.2
and
the
oral
language
interpreter
services
are
34
not
provided
before
an
administrative
agency.
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2.
The
county
where
interpreter
services
are
provided
shall
1
pay
a
sign
language
interpreter
or
a
real-time
court
reporter
2
when
a
deaf,
deaf-blind,
or
hard-of-hearing
person
is
entitled
3
to
a
sign
language
interpreter
under
section
622A.2
and
the
4
interpreter
services
are
not
provided
before
an
administrative
5
agency.
6
3.
An
administrative
agency
shall
pay
an
interpreter
when
a
7
limited
English
proficient
person
is
entitled
to
an
interpreter
8
under
section
622A.2
and
the
interpretive
services
are
provided
9
before
an
administrative
agency.
10
Sec.
5.
Section
622A.4,
Code
2015,
is
amended
to
read
as
11
follows:
12
622A.4
Fee
set
by
court
——
payment
or
administrative
agency
.
13
Every
interpreter
appointed
by
a
court
or
administrative
14
agency
shall
receive
a
fee
to
be
set
by
the
court
or
15
administrative
agency.
If
the
interpreter
is
appointed
by
the
16
court
in
a
civil
case
for
a
person
who
is
indigent
and
unable
17
to
secure
an
interpreter,
the
fee
for
the
interpreter
shall
be
18
paid
from
the
revolving
fund
established
in
section
602.1302,
19
subsection
3
.
20
Sec.
6.
Section
622A.5,
Code
2015,
is
amended
to
read
as
21
follows:
22
622A.5
Oath.
23
Every
interpreter
in
any
legal
proceeding
shall
take
the
24
same
an
oath
as
any
other
witness
consistent
with
the
rules
the
25
supreme
court
adopts
under
this
chapter
.
26
Sec.
7.
Section
622A.6,
Code
2015,
is
amended
to
read
as
27
follows:
28
622A.6
Qualifications
,
neutrality,
and
integrity.
29
Any
court
or
administrative
agency
may
inquire
into
the
30
qualifications
,
neutrality,
and
integrity
of
any
interpreter,
31
and
may
disqualify
any
person
from
serving
as
an
interpreter.
32
Sec.
8.
Section
622A.8,
Code
2015,
is
amended
to
read
as
33
follows:
34
622A.8
Tape
Electronic
recording
of
testimony
.
35
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A
tape
An
electronic
recording
of
the
portion
of
1
proceedings
where
non-English
testimony
is
given
shall
be
2
made
and
maintained
for
one
year
after
the
entry
of
the
final
3
disposition
or
sentence
or,
if
the
final
judgment
is
appealed,
4
until
one
year
after
the
final
disposition
of
the
appeal
.
5
Sec.
9.
Section
622B.1,
subsection
1,
Code
2015,
is
amended
6
to
read
as
follows:
7
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
8
requires:
9
a.
“Administrative
agency”
means
any
department,
board,
10
commission,
or
agency
of
the
state
or
any
political
subdivision
11
of
the
state.
12
b.
“Deaf
person”
means
an
individual
who
uses
sign
language
13
as
the
person’s
primary
mode
of
communication
and
who
may
use
14
interpreters
to
facilitate
communication.
15
c.
“Hard-of-hearing
person”
means
an
individual
who
16
is
unable
to
hear
and
distinguish
sounds
within
normal
17
conversational
range
and
who
needs
to
use
speechreading,
18
assistive
listening
devices,
or
oral
interpreters
other
19
reasonable
accommodations
to
facilitate
communication.
20
d.
“Interpreter”
means
an
oral
interpreter
or
sign
language
21
interpreter
a
person
who
can
accurately
transfer
the
meaning
of
22
words,
phrases,
or
signs
in
one
language
into
the
equivalent
23
words,
phrases,
or
signs
in
another
language,
and
includes
an
24
oral
language
interpreter
and
a
sign
language
interpreter
.
25
e.
“Oral
language
interpreter”
means
an
interpreter
who
is
26
fluent
in
transliterating,
paraphrasing,
and
voicing
able
to
27
interpret
from
one
oral
language
into
a
second
oral
language
28
and
from
the
second
oral
language
into
the
first
oral
language
.
29
f.
“Participant”
means
a
party,
witness,
or
attorney
in
any
30
legal
proceeding;
a
child
who
is
or
may
be
the
subject
of
a
31
delinquency
petition;
a
parent,
guardian,
or
custodian,
whose
32
child
is
or
may
be
the
subject
of
a
delinquency
petition;
or
a
33
person
who
is
a
guardian,
conservator,
or
trustee
in
a
probate
34
case.
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f.
g.
“Sign
language
interpreter”
means
an
interpreter
who
1
is
able
to
interpret
from
sign
language
to
English
and
English
2
to
sign
language
into
an
oral
language
and
from
that
oral
3
language
into
sign
language
.
4
Sec.
10.
Section
622B.2,
Code
2015,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
622B.2
Interpreter
appointed.
7
A
court
or
administrative
agency
shall
appoint
an
8
interpreter
without
expense
to
a
deaf
or
hard-of-hearing
person
9
to
interpret
the
proceedings
to
the
deaf
or
hard-of-hearing
10
person
and
to
interpret
the
deaf
or
hard-of-hearing
person’s
11
testimony,
unless
the
deaf
or
hard-of-hearing
person
waives
the
12
right
to
an
interpreter,
if
the
deaf
or
hard-of-hearing
person
13
is
any
of
the
following:
14
1.
A
participant
in
a
proceeding
before
a
grand
jury,
court,
15
or
administrative
agency
of
this
state.
16
2.
A
party
who
is
ordered
by
a
court
to
participate
in
17
mediation
or
a
predisposition
parenting
program
in
a
domestic
18
relations
case.
19
3.
A
party
in
a
pending
court
case
who
requires
an
20
interpreter
during
a
deposition
or
consultation
with
an
21
attorney
or
in
preparation
for
a
legal
proceeding
before
22
any
court,
if
the
party
is
entitled
to
appointment
of
legal
23
counsel
in
a
criminal
or
juvenile
case,
or
the
court
otherwise
24
determines
that
the
party
is
indigent
or
cannot
afford
to
pay
25
for
interpreter
services.
26
Sec.
11.
Section
622B.8,
Code
2015,
is
amended
to
read
as
27
follows:
28
622B.8
Disqualification.
29
On
motion
of
a
party
or
on
its
own
motion,
a
court
or
30
administrative
agency
shall
inquire
into
the
qualifications
,
31
neutrality,
and
integrity
of
an
interpreter.
A
court
or
32
administrative
agency
may
disqualify
for
good
reason
any
person
33
from
serving
as
an
interpreter
in
that
proceeding.
If
an
34
interpreter
is
disqualified,
the
court
or
administrative
agency
35
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shall
appoint
another
interpreter.
1
Sec.
12.
Section
815.9,
subsection
3,
Code
2015,
is
amended
2
to
read
as
follows:
3
3.
If
a
person
is
granted
an
appointed
attorney,
the
4
person
shall
be
required
to
reimburse
the
state
for
the
total
5
cost
of
legal
assistance
provided
to
the
person
pursuant
to
6
this
section
.
“Legal
assistance”
as
used
in
this
section
7
shall
include
not
only
the
expense
of
the
public
defender
or
8
an
appointed
attorney,
but
also
transcripts,
witness
fees,
9
expenses,
and
any
other
goods
or
services
required
by
law
to
10
be
provided
to
an
indigent
person
entitled
to
an
appointed
11
attorney
,
excluding
the
costs
and
fees
of
interpreter
and
12
translator
services
.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
interpreters
for
persons
who
are
17
limited
English
proficient
(LEP),
including
those
persons
who
18
are
deaf,
deaf-blind,
or
hard-of-hearing,
in
certain
legal
19
proceedings
and
court-ordered
programs.
20
The
bill
provides
that
a
person
is
entitled
to
an
interpreter
21
if
that
person
is
LEP
and
is
a
participant
in
any
legal
22
proceeding,
whom
a
court
has
ordered
to
participate
in
either
23
mediation
or
a
predisposition
parenting
program
in
a
domestic
24
relations
case,
or
is
a
party
in
a
pending
court
case
and
25
who
requires
an
interpreter
during
a
deposition
or
attorney
26
consultation,
if
the
party
is
entitled
to
appointment
of
27
legal
counsel,
or
the
court
otherwise
determines
that
the
28
party
is
indigent.
An
LEP
person
is
a
person
who
is
unable
29
to
adequately
understand
or
effectively
communicate
in
the
30
English
language
because
the
person’s
primary
language
is
a
31
language
other
than
English
or
the
person
is
deaf,
deaf-blind,
32
or
hard-of-hearing.
“Deaf
person”
means
an
individual
who
uses
33
sign
language
as
the
person’s
primary
mode
of
communication
34
and
who
may
use
interpreters
to
facilitate
communication.
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S.F.
_____
H.F.
_____
“Hard-of-hearing
person”
means
an
individual
who
is
unable
1
to
hear
and
distinguish
sounds
within
normal
conversational
2
range
and
who
needs
to
use
speechreading,
assistive
listening
3
devices,
or
other
reasonable
accommodations
to
facilitate
4
communication.
5
Under
current
law,
in
civil
cases
the
court
taxes
the
cost
6
of
an
interpreter
for
a
person
who
cannot
speak
or
understand
7
the
English
language
as
court
costs,
and
in
a
proceeding
8
before
an
administrative
agency
the
agency
may
require
that
9
a
party
to
the
proceeding
pay
the
expense
of
the
interpreter
10
for
a
person
who
cannot
speak
or
understand
the
English
11
language.
An
interpreter
appointed
for
a
person
who
is
deaf
or
12
hard-of-hearing
is
paid
by
the
county
if
appointed
by
the
court
13
and
by
the
administrative
agency
if
appointed
by
such
agency.
14
The
bill
provides
that
fees
for
interpreter
services
shall
15
not
be
charged
to
an
LEP
person
when
such
person
is
entitled
16
to
an
interpreter.
Under
the
bill,
interpreter
fees
are
not
17
taxed
as
court
costs.
The
bill
provides
that
if
an
LEP
person
18
is
entitled
to
an
oral
language
interpreter
in
a
proceeding
19
or
program
that
is
not
before
an
agency,
the
state
court
20
administrator
shall
pay
the
oral
language
interpreter
from
the
21
revolving
fund
created
in
Code
section
602.1302(3),
and
if
an
22
LEP
person
is
entitled
to
an
oral
language
interpreter
before
23
an
agency,
the
agency
shall
pay
the
interpreter.
The
bill
24
further
provides
that
if
a
deaf,
deaf-blind,
or
hard-of-hearing
25
person
is
entitled
to
an
interpreter
or
real-time
court
26
reporter
in
a
proceeding
not
before
an
agency,
the
county
27
where
the
interpreter
services
are
provided
shall
pay
the
28
interpreter,
and
if
a
deaf,
deaf-blind,
or
hard-of-hearing
29
person
is
entitled
to
an
interpreter
before
an
agency,
the
30
agency
shall
pay
the
interpreter.
31
The
bill
makes
conforming
changes
to
exclude
the
costs
32
of
interpreter
services
from
being
charged
to
a
parent
in
a
33
juvenile
proceeding
(Code
section
232.141)
and
to
a
person
34
receiving
indigent
legal
assistance
(Code
section
815.9).
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The
bill
also
provides
that
the
court
or
administrative
1
agency,
as
appropriate,
determines
the
fees
and
qualifications
2
for
interpreter
services;
that
an
interpreter
in
any
legal
3
proceeding
is
required
to
take
an
oath;
and
that
a
court
or
an
4
administrative
agency
may
inquire
into
the
neutrality
of
an
5
interpreter
and
may
disqualify
any
person
from
serving
as
an
6
interpreter.
The
bill
requires
electronic
rather
than
audio
7
recordings
of
the
portion
of
proceedings
where
non-English
8
testimony
is
given
to
be
made
and
maintained
for
one
year
9
after
the
entry
of
the
final
disposition
or
sentence
or,
if
10
the
final
judgment
is
appealed,
until
one
year
after
the
final
11
disposition
of
the
appeal.
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