SSB 1113 (LSB 1141XD (9) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to interpreters for persons who are limited English proficient, deaf, deaf-blind, or hard-of-hearing in certain legal proceedings and court-ordered programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.141, subsections 1 and 2, Code 2015, are amended to read as follows:
   1.  Except as otherwise provided by law, the court shall inquire into the ability of the child or the child’s parent to pay expenses incurred pursuant to subsections 2, 4, and 8. After giving the parent a reasonable opportunity to be heard, the court may order the parent to pay all or part of the costs of the child’s care, examination, treatment, legal expenses, or other expenses, excluding the costs and fees of interpreter and translator services. An order entered under this section does not obligate a parent paying child support under a custody decree, except that part of the monthly support payment may be used to satisfy the obligations imposed by the order entered pursuant to this section. If a parent fails to pay as ordered, without good reason, the court may proceed against the parent for contempt and may inform the county attorney who shall proceed against the parent to collect the unpaid amount. Any payment ordered by the court shall be a judgment against each of the child’s parents and a lien as provided in section 624.23. If all or part of the amount that the parents are ordered to pay is subsequently paid by the county or state, the judgment and lien shall thereafter be against each of the parents in favor of the county to the extent of the county’s payments and in favor of the state to the extent of the state’s payments.
   2.  All of the following juvenile court expenses are a charge upon the county in which the proceedings are held, to the extent provided in subsection 3:
   a.  Juvenile court expenses incurred by an attorney appointed by the court to serve as counsel to any party or to serve as a guardian ad litem for any child, including fees and expenses for foreign language interpreters, costs of depositions and transcripts, fees and mileage of witnesses, and the expenses of officers serving notices and subpoenas.
   b.  Reasonable compensation for an attorney appointed by the court to serve as counsel to any party or as guardian ad litem for any child in juvenile court.
   c.  Fees and expenses incurred by the juvenile court for foreign language interpreters for court proceedings.
    Sec. 2.  Section 622A.1, Code 2015, is amended to read as follows:
   622A.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Administrative agency” means any department, board, commission, or agency of the state or any political subdivision of the state.
   2.  “Interpreter” means a person who can accurately transfer the meaning of words, phrases, or signs of one language into the equivalent words, phrases, or signs in another language and includes an oral language interpreter and a sign language interpreter.
   2.  3.  “Legal proceeding” means any action before any court, or any legal action preparatory to appearing before any court, whether civil, criminal, or juvenile in nature; and any proceeding before any administrative agency which is quasi-judicial in nature and which has direct legal implications to any person.
   4.  “Limited English proficient” means the inability to adequately understand or effectively communicate in the English language because a person’s primary language is a language other than English or the person is deaf, deaf-blind, or hard-of-hearing.
   5.  “Oral language interpreter” means an interpreter who is able to interpret from one oral language into a second oral language and from the second oral language into the first oral language.
   6.  “Participant” means a party, witness, or attorney in any legal proceeding; a child who is or may be the subject of a delinquency petition; a parent, guardian, or custodian, whose child is or may be the subject of a delinquency petition; or a person who is a guardian, conservator, or trustee in a probate case.
   7.  “Sign language interpreter” means an interpreter who is able to interpret from sign language into an oral language and from that oral language into sign language.
    Sec. 3.  Section 622A.2, Code 2015, is amended to read as follows:
   622A.2  Who entitled to an interpreter.

   Every A limited English proficient person who cannot speak or understand the English language and who is a party to any legal proceeding or a witness therein, shall be is entitled to an interpreter to assist such person throughout the a legal proceeding. without cost when the limited English proficient person is any of the following:

   1.  A participant in a legal proceeding.
   2.  A party whom a court has ordered to participate in either mediation or a predisposition parenting program in a domestic relations case.
   3.  A party in a pending court case who requires an interpreter during a deposition or consultation with an attorney or in preparation for a legal proceeding before any court, if the party is entitled to appointment of legal counsel in a criminal or juvenile case, or the court otherwise determines that the party is indigent or cannot afford to pay for interpreter services.
    Sec. 4.  Section 622A.3, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   622A.3  Payment of interpreters.
   1.  The state court administrator shall pay an oral language interpreter from the revolving fund created in section 602.1302, subsection 3, when a limited English proficient person is entitled to an oral language interpreter under section 622A.2 and the oral language interpreter services are not provided before an administrative agency.
   2.  The county where interpreter services are provided shall pay a sign language interpreter or a real-time court reporter when a deaf, deaf-blind, or hard-of-hearing person is entitled to a sign language interpreter under section 622A.2 and the interpreter services are not provided before an administrative agency.
   3.  An administrative agency shall pay an interpreter when a limited English proficient person is entitled to an interpreter under section 622A.2 and the interpretive services are provided before an administrative agency.
    Sec. 5.  Section 622A.4, Code 2015, is amended to read as follows:
   622A.4  Fee set by court —— payment or administrative agency.

   Every interpreter appointed by a court or administrative agency shall receive a fee to be set by the court or administrative agency. If the interpreter is appointed by the court in a civil case for a person who is indigent and unable to secure an interpreter, the fee for the interpreter shall be paid from the revolving fund established in section 602.1302, subsection 3.
    Sec. 6.  Section 622A.5, Code 2015, is amended to read as follows:
   622A.5  Oath.

   Every interpreter in any legal proceeding shall take the same an oath as any other witness consistent with the rules the supreme court adopts under this chapter.
    Sec. 7.  Section 622A.6, Code 2015, is amended to read as follows:
   622A.6  Qualifications, neutrality, and integrity.

   Any court or administrative agency may inquire into the qualifications, neutrality, and integrity of any interpreter, and may disqualify any person from serving as an interpreter.
    Sec. 8.  Section 622A.8, Code 2015, is amended to read as follows:
   622A.8  Tape Electronic recording of testimony.

   A tape 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.
    Sec. 9.  Section 622B.1, subsection 1, Code 2015, is amended to read as follows:
   1.  As used in this chapter, unless the context otherwise requires:
   a.  “Administrative agency” means any department, board, commission, or agency of the state or any political subdivision of the state.
   b.  “Deaf person” means an individual who uses sign language as the person’s primary mode of communication and who may use interpreters to facilitate communication.
   c.  “Hard-of-hearing person” means an individual who is unable to hear and distinguish sounds within normal conversational range and who needs to use speechreading, assistive listening devices, or oral interpreters other reasonable accommodations to facilitate communication.
   d.  “Interpreter” means an oral interpreter or sign language interpreter a person who can accurately transfer the meaning of words, phrases, or signs in one language into the equivalent words, phrases, or signs in another language, and includes an oral language interpreter and a sign language interpreter.
   e.  “Oral language interpreter” means an interpreter who is fluent in transliterating, paraphrasing, and voicing able to interpret from one oral language into a second oral language and from the second oral language into the first oral language.
   f.  “Participant” means a party, witness, or attorney in any legal proceeding; a child who is or may be the subject of a delinquency petition; a parent, guardian, or custodian, whose child is or may be the subject of a delinquency petition; or a person who is a guardian, conservator, or trustee in a probate case.
   f.  g.  “Sign language interpreter” means an interpreter who is able to interpret from sign language to English and English to sign language into an oral language and from that oral language into sign language.
    Sec. 10.  Section 622B.2, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   622B.2  Interpreter appointed.

   A court or administrative agency shall appoint an interpreter without expense to a deaf or hard-of-hearing person to interpret the proceedings to the deaf or hard-of-hearing person and to interpret the deaf or hard-of-hearing person’s testimony, unless the deaf or hard-of-hearing person waives the right to an interpreter, if the deaf or hard-of-hearing person is any of the following:

   1.  A participant in a proceeding before a grand jury, court, or administrative agency of this state.
   2.  A party who is ordered by a court to participate in mediation or a predisposition parenting program in a domestic relations case.
   3.  A party in a pending court case who requires an interpreter during a deposition or consultation with an attorney or in preparation for a legal proceeding before any court, if the party is entitled to appointment of legal counsel in a criminal or juvenile case, or the court otherwise determines that the party is indigent or cannot afford to pay for interpreter services.
    Sec. 11.  Section 622B.8, Code 2015, is amended to read as follows:
   622B.8  Disqualification.

   On motion of a party or on its own motion, a court or administrative agency shall inquire into the qualifications, neutrality, and integrity of an interpreter. A court or administrative agency may disqualify for good reason any person from serving as an interpreter in that proceeding. If an interpreter is disqualified, the court or administrative agency shall appoint another interpreter.
    Sec. 12.  Section 815.9, subsection 3, Code 2015, is amended to read as follows:
   3.  If a person is granted an appointed attorney, the person shall be required to reimburse the state for the total cost of legal assistance provided to the person pursuant to this section. “Legal assistance” as used in this section shall include not only the expense of the public defender or an appointed attorney, but also transcripts, witness fees, expenses, and any other goods or services required by law to be provided to an indigent person entitled to an appointed attorney, excluding the costs and fees of interpreter and translator services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to interpreters for persons who are limited English proficient (LEP), including those persons who are deaf, deaf-blind, or hard-of-hearing, in certain legal proceedings and court-ordered programs.
   The bill provides that a person is entitled to an interpreter if that person is LEP and is a participant in any legal proceeding, whom a court has ordered to participate in either mediation or a predisposition parenting program in a domestic relations case, or is a party in a pending court case and who requires an interpreter during a deposition or attorney consultation, if the party is entitled to appointment of legal counsel, or the court otherwise determines that the party is indigent. An LEP person is a person who is unable to adequately understand or effectively communicate in the English language because the person’s primary language is a language other than English or the person is deaf, deaf-blind, or hard-of-hearing. “Deaf person” means an individual who uses sign language as the person’s primary mode of communication and who may use interpreters to facilitate communication. “Hard-of-hearing person” means an individual who is unable to hear and distinguish sounds within normal conversational range and who needs to use speechreading, assistive listening devices, or other reasonable accommodations to facilitate communication.
   Under current law, in civil cases the court taxes the cost of an interpreter for a person who cannot speak or understand the English language as court costs, and in a proceeding before an administrative agency the agency may require that a party to the proceeding pay the expense of the interpreter for a person who cannot speak or understand the English language. An interpreter appointed for a person who is deaf or hard-of-hearing is paid by the county if appointed by the court and by the administrative agency if appointed by such agency.
   The bill provides that fees for interpreter services shall not be charged to an LEP person when such person is entitled to an interpreter. Under the bill, interpreter fees are not taxed as court costs. The bill provides that if an LEP person is entitled to an oral language interpreter in a proceeding or program that is not before an agency, the state court administrator shall pay the oral language interpreter from the revolving fund created in Code section 602.1302(3), and if an LEP person is entitled to an oral language interpreter before an agency, the agency shall pay the interpreter. The bill further provides that if a deaf, deaf-blind, or hard-of-hearing person is entitled to an interpreter or real-time court reporter in a proceeding not before an agency, the county where the interpreter services are provided shall pay the interpreter, and if a deaf, deaf-blind, or hard-of-hearing person is entitled to an interpreter before an agency, the agency shall pay the interpreter.
   The bill makes conforming changes to exclude the costs of interpreter services from being charged to a parent in a juvenile proceeding (Code section 232.141) and to a person receiving indigent legal assistance (Code section 815.9).
   The bill also provides that the court or administrative agency, as appropriate, determines the fees and qualifications for interpreter services; that an interpreter in any legal proceeding is required to take an oath; and that a court or an administrative agency may inquire into the neutrality of an interpreter and may disqualify any person from serving as an interpreter. The bill requires electronic rather than audio recordings of the portion of proceedings where non-English testimony is given to 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.