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
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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
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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
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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
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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:
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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