House Study Bill 195 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to state-funded interpreters and translators 1 for limited-English-proficient, deaf, and hard-of-hearing 2 persons in certain court proceedings and court-related 3 activities. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1273XD (4) 88 asf/jh
S.F. _____ H.F. _____ Section 1. Section 232.141, subsections 1 and 2, Code 2019, 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, or 8 other expenses , excluding the costs and fees of oral language 9 interpreters and translators, who shall be paid pursuant to 10 section 622A.3, and sign language interpreters, who shall be 11 paid pursuant to section 622B.7 . An order entered under this 12 section does not obligate a parent paying child support under a 13 custody decree, except that part of the monthly support payment 14 may be used to satisfy the obligations imposed by the order 15 entered pursuant to this section . If a parent fails to pay as 16 ordered, without good reason, the court may proceed against 17 the parent for contempt and may inform the county attorney who 18 shall proceed against the parent to collect the unpaid amount. 19 Any payment ordered by the court shall be a judgment against 20 each of the child’s parents and a lien as provided in section 21 624.23 . If all or part of the amount that the parents are 22 ordered to pay is subsequently paid by the county or state, 23 the judgment and lien shall thereafter be against each of the 24 parents in favor of the county to the extent of the county’s 25 payments and in favor of the state to the extent of the state’s 26 payments. 27 2. All of the following juvenile court expenses are a charge 28 upon the county in which the proceedings are held, to the 29 extent provided in subsection 3 : 30 a. Juvenile court expenses incurred by an attorney appointed 31 by the court to serve as counsel to any party or to serve as a 32 guardian ad litem for any child, including fees and expenses 33 for foreign language interpreters, costs of depositions and 34 transcripts, fees and mileage of witnesses, and the expenses of 35 -1- LSB 1273XD (4) 88 asf/jh 1/ 15
S.F. _____ H.F. _____ officers serving notices and subpoenas. 1 b. Reasonable compensation for an attorney appointed by the 2 court to serve as counsel to any party or as guardian ad litem 3 for any child in juvenile court. 4 c. Fees and expenses incurred by the juvenile court for 5 foreign language interpreters for court proceedings. 6 Sec. 2. Section 331.424, subsection 1, paragraph a, 7 subparagraph (6), Code 2019, is amended to read as follows: 8 (6) The maintenance and operation of the courts, including 9 but not limited to the salary and expenses of the clerk of the 10 district court and other employees of the clerk’s office, and 11 bailiffs, court costs if the prosecution fails or if the costs 12 cannot be collected from the person liable, costs and expenses 13 of prosecution under section 189A.17 , salaries and expenses 14 of juvenile court officers under chapter 602 , court-ordered 15 costs in domestic abuse cases under section 236.5 , sexual abuse 16 cases under section 236A.7 , and elder abuse cases under section 17 235F.6 , the county’s expense for confinement of prisoners under 18 chapter 356A , temporary assistance to the county attorney, 19 county contributions to a retirement system for bailiffs, 20 reimbursement for judicial magistrates under section 602.6501 , 21 claims filed under section 622.93 , sign language interpreters’ 22 fees under section 622B.7 , uniform citation and complaint 23 supplies under section 805.6 , and costs of prosecution under 24 section 815.13 . 25 Sec. 3. Section 602.1302, subsection 3, Code 2019, is 26 amended to read as follows: 27 3. A revolving fund is created in the state treasury 28 for the payment of jury and witness fees, mileage, costs 29 related to summoning jurors by the judicial branch, costs 30 and fees related to the management and payment of oral 31 language interpreters and translators in judicial branch legal 32 proceedings and court-ordered programs, who shall be paid 33 pursuant to section 622A.3, and sign language interpreters, 34 who shall be paid pursuant to section 622B.7, and attorney 35 -2- LSB 1273XD (4) 88 asf/jh 2/ 15
S.F. _____ H.F. _____ fees paid by the state public defender for counsel appointed 1 pursuant to section 600A.6A . The judicial branch shall 2 deposit any reimbursements to the state for the payment of 3 jury and witness fees and mileage in the revolving fund. In 4 each calendar quarter the judicial branch shall reimburse 5 the state public defender for attorney fees paid pursuant to 6 section 600A.6B . Notwithstanding section 8.33 , unencumbered 7 and unobligated receipts in the revolving fund at the end of 8 a fiscal year do not revert to the general fund of the state. 9 The judicial branch shall on or before February 1 file a 10 financial accounting of the moneys in the revolving fund with 11 the legislative services agency. The accounting shall include 12 an estimate of disbursements from the revolving fund for the 13 remainder of the fiscal year and for the next fiscal year. 14 Sec. 4. Section 622A.1, Code 2019, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 3. “Limited English proficient” means the 17 inability to adequately understand or effectively communicate 18 in the English language because a person’s primary language is 19 a language other than English. 20 NEW SUBSECTION . 4. “Oral language interpreter” means a 21 person who can accurately transfer the meaning of words or 22 phrases of one oral language into the equivalent words or 23 phrases of a second oral language and from a second oral 24 language into the first oral language. 25 NEW SUBSECTION . 5. “Participant” means any of the 26 following: 27 a. A party or witness in a legal proceeding. 28 b. A child who is or may be the subject of a delinquency 29 petition. 30 c. A parent, guardian, or custodian, whose child is or may 31 be the subject of a delinquency petition. 32 d. A person who is a guardian, conservator, or trustee in a 33 probate case. 34 NEW SUBSECTION . 6. “Translator” means a person who can 35 -3- LSB 1273XD (4) 88 asf/jh 3/ 15
S.F. _____ H.F. _____ accurately transfer the meaning of words or phrases of one 1 written language into the equivalent words or phrases of a 2 second written language and from a second written language into 3 the first written language. 4 Sec. 5. Section 622A.2, Code 2019, is amended to read as 5 follows: 6 622A.2 Who entitled Limited-English-proficient persons —— 7 when entitled to an oral language interpreter or a translator 8 without cost . 9 1. Every 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 oral language interpreter and a translator to assist such 13 person throughout the proceeding. without cost when the person 14 is any of the following: 15 a. A participant in a legal proceeding. 16 b. A party who is ordered by a court to participate in a 17 mediation. 18 c. A party who is ordered by a court to participate in a 19 predisposition parenting program in a domestic relations case. 20 2. In addition to subsection 1, if a limited-English- 21 proficient person is a party who is entitled to appointment 22 of legal counsel in a criminal or juvenile case or the court 23 otherwise determines that the limited-English-proficient person 24 is a party who is indigent or cannot afford to pay for an oral 25 language interpreter or a translator, the person is entitled to 26 an oral language interpreter and a translator to assist such 27 person without cost when the person is a party in a pending 28 court case for any of the following purposes: 29 a. A deposition in the party’s pending court case. 30 b. A consultation with an attorney in the party’s pending 31 court case. 32 c. To prepare for a legal proceeding before any court. 33 Sec. 6. Section 622A.3, Code 2019, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -4- LSB 1273XD (4) 88 asf/jh 4/ 15
S.F. _____ H.F. _____ 622A.3 Payment of oral language interpreters and translators. 1 1. The state court administrator shall pay an oral 2 language interpreter or a translator from the revolving 3 fund created in section 602.1302, subsection 3, when a 4 limited-English-proficient person is entitled to an oral 5 language interpreter or a translator under section 622A.2 6 and the oral language interpreter services or the translator 7 services are not provided before an administrative agency. 8 2. An administrative agency shall pay an oral language 9 interpreter or a translator when a limited-English-proficient 10 person is entitled to an oral language interpreter or a 11 translator under section 622A.2 and the oral language 12 interpreter services or the translator services are provided 13 before an administrative agency. 14 Sec. 7. Section 622A.4, Code 2019, is amended to read as 15 follows: 16 622A.4 Fee set by court —— payment or administrative agency . 17 Every oral language interpreter and translator appointed 18 by a court or administrative agency shall receive a fee to be 19 set by the court or administrative agency. If the interpreter 20 is appointed by the court in a civil case for a person who is 21 indigent and unable to secure an interpreter, the fee for the 22 interpreter shall be paid from the revolving fund established 23 in section 602.1302, subsection 3 . 24 Sec. 8. Section 622A.5, Code 2019, is amended to read as 25 follows: 26 622A.5 Oath. 27 Every oral language interpreter and translator in any legal 28 proceeding shall take the same an oath as any other witness 29 consistent with the rules the supreme court adopts under this 30 chapter . 31 Sec. 9. Section 622A.6, Code 2019, is amended to read as 32 follows: 33 622A.6 Qualifications , neutrality, and integrity. 34 Any court or administrative agency may inquire into the 35 -5- LSB 1273XD (4) 88 asf/jh 5/ 15
S.F. _____ H.F. _____ qualifications , neutrality, and integrity of any oral language 1 interpreter or translator , and may disqualify any person from 2 serving as an oral language interpreter or translator . 3 Sec. 10. Section 622A.7, Code 2019, is amended to read as 4 follows: 5 622A.7 Rules. 6 The supreme court, after consultation with the commission 7 of Latino affairs of the department of human rights and other 8 appropriate departments, shall adopt rules governing the 9 qualifications and compensation of oral language interpreters 10 and translators appearing in legal proceedings before a court 11 or grand jury under this chapter . However, an administrative 12 agency which is subject to chapter 17A may adopt rules 13 differing from those of the supreme court governing the 14 qualifications and compensation of oral language interpreters 15 and translators appearing in proceedings before that agency. 16 Sec. 11. Section 622A.8, Code 2019, is amended to read as 17 follows: 18 622A.8 Tape Electronic recording of testimony . 19 A tape An electronic recording of the portion of 20 proceedings where non-English testimony is given shall be 21 made and maintained for one year after the entry of the final 22 disposition or sentence or, if the final judgment is appealed, 23 until one year after the final disposition of the appeal . 24 Sec. 12. Section 622B.1, Code 2019, is amended to read as 25 follows: 26 622B.1 Definitions —— rules. 27 1. As used in this chapter , unless the context otherwise 28 requires: 29 a. “Administrative agency” means any department, board, 30 commission, or agency of the state or any political subdivision 31 of the state. 32 b. “Deaf person” means an individual who uses sign language 33 as the person’s primary mode of communication and who may use 34 sign language interpreters to facilitate communication. 35 -6- LSB 1273XD (4) 88 asf/jh 6/ 15
S.F. _____ H.F. _____ c. “Hard-of-hearing person” means an individual who 1 is unable to hear and distinguish sounds within normal 2 conversational range and who needs to use speechreading, 3 assistive listening devices, or oral interpreters other 4 reasonable accommodations to facilitate communication. 5 d. “Interpreter” means an oral interpreter or sign language 6 interpreter. 7 e. “Oral interpreter” means an interpreter who is fluent in 8 transliterating, paraphrasing, and voicing. 9 d. “Participant” means any of the following: 10 (1) A party, witness, or attorney in a legal proceeding. 11 (2) A child who is or may be the subject of a delinquency 12 petition. 13 (3) A parent, guardian, or custodian, whose child is or may 14 be the subject of a delinquency petition. 15 (4) A person who is a guardian, conservator, or trustee in a 16 probate case. 17 f. e. “Sign language interpreter” means an interpreter a 18 person who is able to interpret from sign language to English 19 and English to into an oral language and from an oral language 20 into sign language. 21 2. The supreme court, after consultation with the 22 department of human rights, shall adopt rules governing the 23 qualifications and compensation of sign language interpreters 24 appearing in a legal proceeding before a court, grand jury, or 25 before an administrative agency under this chapter . However, 26 an administrative agency which is subject to chapter 17A 27 may adopt rules differing from those of the supreme court 28 governing the qualifications and compensation of sign language 29 interpreters appearing in proceedings before that agency. 30 Sec. 13. Section 622B.2, Code 2019, is amended by striking 31 the section and inserting in lieu thereof the following: 32 622B.2 Sign language interpreter appointed without cost. 33 1. A court or administrative agency shall appoint 34 a sign language interpreter without cost to a deaf or 35 -7- LSB 1273XD (4) 88 asf/jh 7/ 15
S.F. _____ H.F. _____ hard-of-hearing person to interpret the proceedings to the 1 deaf or hard-of-hearing person and to interpret the deaf 2 or hard-of-hearing person’s testimony, unless the deaf or 3 hard-of-hearing person waives the right to a sign language 4 interpreter, when the deaf or hard-of-hearing person is any of 5 the following: 6 a. A participant in a legal proceeding. 7 b. A party who is ordered by a court to participate in a 8 mediation. 9 c. A party who is ordered by a court to participate in a 10 predisposition parenting program in a domestic relations case. 11 2. In addition to subsection 1, if a deaf or hard-of-hearing 12 person is a party who is entitled to appointment of legal 13 counsel in a criminal or juvenile case or the court otherwise 14 determines that the deaf or hard-of-hearing person is a party 15 who is indigent or cannot afford to pay for sign language 16 interpreter services, the person is entitled to a sign language 17 interpreter to assist such person without cost when the person 18 is a party in a pending court case for any of the following 19 purposes: 20 a. A deposition in the party’s pending court case. 21 b. A consultation with an attorney in the party’s pending 22 court case. 23 c. To prepare for a legal proceeding before any court. 24 Sec. 14. Section 622B.3, Code 2019, is amended to read as 25 follows: 26 622B.3 Notice of need. 27 When a deaf or hard-of-hearing person is entitled to an a 28 sign language interpreter, the deaf or hard-of-hearing person 29 shall notify the presiding official within three days after 30 receiving notice of the proceeding, stating the disability and 31 requesting the services of an a sign language interpreter. If 32 the deaf or hard-of-hearing person receives notification of an 33 appearance less than five days prior to the proceeding, that 34 person shall notify the presiding official requesting an a sign 35 -8- LSB 1273XD (4) 88 asf/jh 8/ 15
S.F. _____ H.F. _____ language interpreter as soon as practicable or may apply for a 1 continuance until an a sign language interpreter is appointed. 2 Sec. 15. Section 622B.4, Code 2019, is amended to read as 3 follows: 4 622B.4 List. 5 The office of deaf services of the department of human rights 6 shall prepare and continually update a listing of qualified 7 and available sign language interpreters. The courts and 8 administrative agencies shall maintain a directory of qualified 9 sign language interpreters for deaf and hard-of-hearing 10 persons as furnished by the department of human rights. 11 The office of deaf services shall maintain a list of sign 12 language interpreters which shall be made available to a court, 13 administrative agency, or interested parties to an action using 14 the services of an a sign language interpreter. 15 Sec. 16. Section 622B.5, Code 2019, is amended to read as 16 follows: 17 622B.5 Oath. 18 Before participating in a proceeding, an a sign 19 language interpreter shall take an oath that the sign 20 language interpreter will make a true interpretation in an 21 understandable manner to the person for whom the sign language 22 interpreter is appointed and that the sign language interpreter 23 will interpret or translate the statements of the deaf or 24 hard-of-hearing person to the best of the sign language 25 interpreter’s skills and judgment. 26 Sec. 17. Section 622B.6, Code 2019, is amended to read as 27 follows: 28 622B.6 Privileged communications . 29 Communication between a deaf or hard-of-hearing person 30 and a third party which is privileged under chapter 622 in 31 which the sign language interpreter participates as an a sign 32 language interpreter shall be privileged to the sign language 33 interpreter. 34 Sec. 18. Section 622B.7, Code 2019, is amended to read as 35 -9- LSB 1273XD (4) 88 asf/jh 9/ 15
S.F. _____ H.F. _____ follows: 1 622B.7 Fee. 2 An A sign language interpreter appointed under this chapter 3 is entitled to a reasonable fee and expenses as determined 4 by the rules applying to that proceeding. This schedule 5 shall be furnished to all courts and administrative agencies 6 and maintained by them. If the sign language interpreter is 7 appointed by the court, the fee and expenses shall be paid by 8 the county and if the sign language interpreter is appointed by 9 an administrative agency, the fee and expenses shall be paid 10 out of funds available to the administrative agency. 11 Sec. 19. Section 622B.8, Code 2019, is amended to read as 12 follows: 13 622B.8 Disqualification. 14 On motion of a party or on its own motion, a court or 15 administrative agency shall inquire into the qualifications , 16 neutrality, and integrity of an a sign language interpreter. A 17 court or administrative agency may disqualify for good reason 18 any person from serving as an a sign language interpreter 19 in that proceeding. If an a sign language interpreter is 20 disqualified, the court or administrative agency shall appoint 21 another sign language interpreter. 22 Sec. 20. Section 815.9, subsection 3, Code 2019, is amended 23 to read as follows: 24 3. If a person is granted an appointed attorney, the 25 person shall be required to reimburse the state for the total 26 cost of legal assistance provided to the person pursuant to 27 this section . “Legal assistance” as used in this section 28 shall include not only the expense of the public defender or 29 an appointed attorney, but also transcripts, witness fees, 30 expenses, and any other goods or services required by law to 31 be provided to an indigent person entitled to an appointed 32 attorney , excluding the costs and fees of oral language 33 interpreters and translators, who shall be paid pursuant to 34 section 622A.3, and sign language interpreters, who shall be 35 -10- LSB 1273XD (4) 88 asf/jh 10/ 15
S.F. _____ H.F. _____ paid pursuant to section 622B.7 . 1 Sec. 21. Section 815.11, Code 2019, is amended to read as 2 follows: 3 815.11 Appropriations for indigent defense —— fund created. 4 Costs incurred for legal representation by a court-appointed 5 attorney under chapter 229A , 665 , 822 , or 908 , or section 6 232.141, subsection 3 , paragraph “d” , or section 598.23A , 7 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 815.10 on 8 behalf of an indigent shall be paid from moneys appropriated 9 by the general assembly to the office of the state public 10 defender in the department of inspections and appeals and 11 deposited in an account to be known as the indigent defense 12 fund. Costs incurred representing an indigent defendant in 13 a contempt action, or representing an indigent juvenile in a 14 juvenile court proceeding, are also payable from the fund. 15 However, costs incurred in any administrative proceeding or in 16 any other proceeding under this chapter or chapter 598 , 600 , 17 600A , 633 , 633A , 814 , or 915 or other provisions of the Code 18 or administrative rules are not payable from the fund. The 19 costs and fees associated with oral language interpreters, sign 20 language interpreters, or translators shall be excluded from 21 this fund. The costs and fees of an oral language interpreter 22 or a translator shall be paid pursuant to section 622A.3. The 23 costs and fees of a sign language interpreter shall be paid 24 pursuant to section 622B.7. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to oral language interpreters and 29 translators for limited-English-proficient persons and sign 30 language interpreters for deaf and hard-of-hearing persons. 31 The bill amends Code chapter 622A, which in the bill 32 provides for oral language interpreters and translators for 33 limited-English-proficient persons in legal proceedings and 34 court-related activities. 35 -11- LSB 1273XD (4) 88 asf/jh 11/ 15
S.F. _____ H.F. _____ The bill provides new definitions for limited English 1 proficient, oral language interpreter, participant, and 2 translator. The bill defines “participant” in Code chapter 3 622A as a party or witness in a legal proceeding; a child who 4 is or may be the subject of a delinquency petition; a parent, 5 guardian, or custodian, whose child is or may be the subject 6 of a delinquency petition; or a person who is a guardian, 7 conservator, or trustee in a probate case. 8 The bill provides that every limited-English-proficient 9 person is entitled to an oral language interpreter and a 10 translator to assist such person without cost when the person 11 is: a participant in a legal proceeding, a party who is 12 ordered by a court to participate in a mediation, or a party 13 who is ordered by a court to participate in a predisposition 14 parenting program in a domestic relations case. Additionally, 15 if a limited-English-proficient person is a party who is 16 entitled to appointment of legal counsel in a criminal or 17 juvenile case or the court otherwise determines that the 18 limited-English-proficient person is a party who is indigent 19 or cannot afford to pay for an oral language interpreter or 20 a translator, the person is entitled to an oral language 21 interpreter and a translator to assist such person without cost 22 when the person is a party in a pending court case for: a 23 deposition in the party’s pending court case, a consultation 24 with an attorney in the party’s pending court case, or to 25 prepare for a legal proceeding before any court. 26 The bill provides that the state court administrator 27 shall pay oral language interpreters and translators from 28 the revolving fund created in Code section 602.1302(3) when 29 a limited-English-proficient person is entitled to an oral 30 language interpreter or a translator and the oral language 31 interpreter services or translator services are not provided 32 before an administrative agency. The bill provides that an 33 administrative agency shall pay an oral language interpreter 34 or a translator when a limited-English-proficient person is 35 -12- LSB 1273XD (4) 88 asf/jh 12/ 15
S.F. _____ H.F. _____ entitled to an oral language interpreter or a translator and 1 the oral language interpreter services or translator services 2 are provided before an administrative agency. 3 The bill provides that an oral language interpreter and a 4 translator in a legal proceeding shall take an oath consistent 5 with rules the supreme court adopts under Code chapter 622A. 6 The bill provides that in addition to a court or administrative 7 agency being able to inquire into the qualifications and 8 integrity of an oral language interpreter or a translator, 9 the court or administrative agency may also inquire into the 10 neutrality of the oral language interpreter or translator. The 11 bill amends the section of Code chapter 622A that provides 12 the authorization for rulemaking to specify oral language 13 interpreters and translators appearing in legal proceedings. 14 The bill provides that an electronic recording of the portion 15 of proceedings where non-English testimony is given shall be 16 made and maintained for one year after the entry of the final 17 disposition or sentence, or if the final judgment is appealed, 18 until one year after the final disposition of the appeal. 19 The bill also amends Code chapter 622B, which provides 20 for sign language interpreters for deaf and hard-of-hearing 21 persons. The bill provides a new definition for “participant”. 22 The bill defines “participant” in Code chapter 622B as 23 any of the following: a party, witness, or attorney in a 24 legal proceeding; a child who is or may be the subject of a 25 delinquency petition; a parent, guardian, or custodian, whose 26 child is or may be the subject of a delinquency petition; or a 27 person who is a guardian, conservator, or trustee in a probate 28 case. 29 The bill provides that a court or administrative agency 30 shall appoint a sign language interpreter without cost to a 31 deaf or hard-of-hearing person to interpret the proceedings 32 to the deaf or hard-of-hearing person and to interpret the 33 deaf or hard-of-hearing person’s testimony, unless the deaf 34 or hard-of-hearing person waives the right to a sign language 35 -13- LSB 1273XD (4) 88 asf/jh 13/ 15
S.F. _____ H.F. _____ interpreter, when the deaf or hard-of-hearing person is a 1 participant in a legal proceeding, a party who is ordered 2 by a court to participate in a mediation, or a party who is 3 ordered by a court to participate in a predisposition parenting 4 program in a domestic relations case. Additionally, if a 5 deaf or hard-of-hearing person is a party who is entitled to 6 appointment of legal counsel in a criminal or juvenile case or 7 the court otherwise determines that the deaf or hard-of-hearing 8 person is a party who is indigent or cannot afford to pay for 9 sign language interpreter services, the person is entitled 10 to a sign language interpreter to assist such person without 11 cost when the person is a party in a pending court case for a 12 deposition in the party’s pending court case, a consultation 13 with an attorney in the party’s pending court case, or to 14 prepare for a legal proceeding before any court. 15 The bill provides that in addition to a court or 16 administrative agency being able to inquire into the 17 qualifications and integrity of a sign language interpreter, 18 the court or administrative agency may also inquire into the 19 neutrality of the sign language interpreter. 20 The bill amends Code sections 232.141, 815.9, and 815.11 21 to exclude the costs and fees of interpreter and translator 22 services. 23 First, Code section 232.141 currently provides that the 24 juvenile court shall inquire into the ability of the child 25 or child’s parent to pay costs including the child’s care, 26 examination, treatment, legal expenses, or other expenses. 27 The bill excludes from those costs the costs and fees for 28 oral language interpreters, sign language interpreters, and 29 translators, and requires that those persons be paid pursuant 30 to Code section 622A.3 (oral language interpreters and 31 translators) or 622B.7 (sign language interpreters). 32 Code section 815.9 currently provides that if a person 33 is granted a court-appointed attorney in a criminal case, 34 the person shall reimburse the state for the total cost of 35 -14- LSB 1273XD (4) 88 asf/jh 14/ 15
S.F. _____ H.F. _____ legal assistance. The bill changes the definition of legal 1 assistance to exclude the costs and fees of oral language 2 interpreters, sign language interpreters, and translators. The 3 bill states that these persons shall be paid pursuant to Code 4 section 622A.3 (oral language interpreters and translators) or 5 622B.7 (sign language interpreters). 6 Code section 815.11 provides appropriations for indigent 7 defense. The bill provides that the costs and fees associated 8 with oral language interpreters, sign language interpreters, 9 or translators are excluded from this fund, and that the costs 10 and fees of an oral language interpreter or a translator shall 11 be paid pursuant to Code section 622A.3. The costs and fees 12 of a sign language interpreter shall be paid pursuant to Code 13 section 622B.7. 14 Finally, the bill provides the costs for oral language 15 interpreters, sign language interpreters, and translators 16 pursuant to Code section 622A.3 or 622B.7 shall be paid from 17 the revolving fund created in Code section 602.1302. 18 -15- LSB 1273XD (4) 88 asf/jh 15/ 15