S.F. _____ H.F. _____ Section 1. Section 331.424, subsection 1, paragraph a, 1 subparagraph (6), Code 2020, is amended to read as follows: 2 (6) The maintenance and operation of the courts, including 3 but not limited to the salary and expenses of the clerk of the 4 district court and other employees of the clerk’s office, and 5 bailiffs, court costs if the prosecution fails or if the costs 6 cannot be collected from the person liable, costs and expenses 7 of prosecution under section 189A.17 , salaries and expenses 8 of juvenile court officers under chapter 602 , court-ordered 9 costs in domestic abuse cases under section 236.5 , sexual abuse 10 cases under section 236A.7 , and elder abuse cases under section 11 235F.6 , the county’s expense for confinement of prisoners under 12 chapter 356A , temporary assistance to the county attorney, 13 county contributions to a retirement system for bailiffs, 14 reimbursement for judicial magistrates under section 602.6501 , 15 claims filed under section 622.93 , sign language interpreters’ 16 fees under section 622B.7 , uniform citation and complaint 17 supplies under section 805.6 , and costs of prosecution under 18 section 815.13 . 19 Sec. 2. Section 622A.1, Code 2020, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 3. “Limited English proficient” means the 22 inability to adequately understand or effectively communicate 23 in the English language because a person’s primary language is 24 a language other than English. 25 NEW SUBSECTION . 4. “Oral language interpreter” means a 26 person who can accurately transfer the meaning of words or 27 phrases of one oral language into the equivalent words or 28 phrases of a second oral language and from a second oral 29 language into the first oral language. 30 Sec. 3. Section 622A.2, Code 2020, is amended to read as 31 follows: 32 622A.2 Who entitled to interpreter Limited-English-proficient 33 persons —— when entitled to oral language interpreter . 34 Every limited-English-proficient person who cannot speak 35 -1- LSB 5325XD (6) 88 md/jh 1/ 10

S.F. _____ H.F. _____ or understand the English language and who is a party to any 1 legal proceeding or a witness therein, shall be entitled to an 2 oral language interpreter to assist such person throughout the 3 proceeding. 4 Sec. 4. Section 622A.3, subsection 1, Code 2020, is amended 5 to read as follows: 6 1. An oral language interpreter shall be appointed without 7 expense to the limited-English-proficient person requiring 8 assistance in the following cases: 9 a. If the person requiring assistance is a witness in the 10 civil legal proceeding. 11 b. If the person requiring assistance is indigent and 12 financially unable to secure an oral language interpreter. 13 Sec. 5. Section 622A.3, subsection 2, Code 2020, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 2. The state court administrator shall pay an oral language 17 interpreter from the revolving fund created in section 18 602.1302, subsection 3, when a limited-English-proficient 19 person is entitled to an oral language interpreter under 20 section 622A.2 and the oral language interpreter services are 21 not provided before an administrative agency. In civil cases, 22 every court shall tax the costs of an oral language interpreter 23 the same as other court costs. In criminal cases, where the 24 defendant is indigent, the oral language interpreter shall be 25 considered as a defendant’s witness under rule of criminal 26 procedure 2.15 for the purpose of receiving fees, except that 27 subpoenas shall not be required. 28 Sec. 6. Section 622A.3, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 2A. An administrative agency shall pay an 31 oral language interpreter 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 provided before an administrative agency. The agency may 35 -2- LSB 5325XD (6) 88 md/jh 2/ 10

S.F. _____ H.F. _____ require that the party to the proceeding pay the expense of the 1 oral language interpreter. 2 Sec. 7. Section 622A.3, subsection 3, Code 2020, is amended 3 to read as follows: 4 3. Moneys recovered as court costs for oral language 5 interpreters paid through the revolving fund established in 6 section 602.1302, subsection 3 , shall be deposited in that 7 fund. 8 Sec. 8. Section 622A.4, Code 2020, is amended to read as 9 follows: 10 622A.4 Fee set by court —— payment or administrative agency . 11 Every oral language interpreter appointed by a court 12 or administrative agency shall receive a fee to be set by 13 the court or administrative agency. If the interpreter is 14 appointed by the court in a civil case for a person who is 15 indigent and unable to secure an interpreter, the fee for the 16 interpreter shall be paid from the revolving fund established 17 in section 602.1302, subsection 3 . 18 Sec. 9. Section 622A.5, Code 2020, is amended to read as 19 follows: 20 622A.5 Oath. 21 Every oral language interpreter in any legal proceeding 22 shall take the same an oath as any other witness consistent 23 with the rules the supreme court adopts under this chapter . 24 Sec. 10. Section 622A.6, Code 2020, is amended to read as 25 follows: 26 622A.6 Qualifications , neutrality, and integrity. 27 Any court or administrative agency may inquire into the 28 qualifications , neutrality, and integrity of any oral language 29 interpreter, and may disqualify any person from serving as an 30 oral language interpreter. 31 Sec. 11. Section 622A.7, Code 2020, is amended to read as 32 follows: 33 622A.7 Rules. 34 The supreme court, after consultation with the commission 35 -3- LSB 5325XD (6) 88 md/jh 3/ 10

S.F. _____ H.F. _____ of Latino affairs of the department of human rights and other 1 appropriate departments, shall adopt rules governing the 2 qualifications and compensation of oral language interpreters 3 appearing in legal proceedings before a court or grand jury 4 under this chapter . However, an administrative agency which is 5 subject to chapter 17A may adopt rules differing from those of 6 the supreme court governing the qualifications and compensation 7 of oral language interpreters appearing in proceedings before 8 that agency. 9 Sec. 12. Section 622A.8, Code 2020, is amended to read as 10 follows: 11 622A.8 Tape Electronic recording of testimony . 12 A tape An electronic recording of the portion of 13 proceedings where non-English testimony is given shall be 14 made and maintained for one year after the entry of the final 15 disposition or sentence or, if the final judgment is appealed, 16 until one year after the final disposition of the appeal . 17 Sec. 13. NEW SECTION . 622A.9 Privileged communications. 18 Communications between a limited-English-proficient person 19 and a third party which are privileged under chapter 622 in 20 which an oral language interpreter participates as an oral 21 language interpreter shall be privileged with regard to the 22 oral language interpreter. 23 Sec. 14. Section 622B.1, Code 2020, is amended to read as 24 follows: 25 622B.1 Definitions —— rules. 26 1. As used in this chapter , unless the context otherwise 27 requires: 28 a. “Administrative agency” means any department, board, 29 commission, or agency of the state or any political subdivision 30 of the state. 31 b. “Deaf person” means an individual who uses sign language 32 as the person’s primary mode of communication and who may use 33 sign language interpreters to facilitate communication. 34 c. “Hard-of-hearing person” means an individual who 35 -4- LSB 5325XD (6) 88 md/jh 4/ 10

S.F. _____ H.F. _____ is unable to hear and distinguish sounds within normal 1 conversational range and who needs to use speechreading, 2 assistive listening devices, or oral interpreters other 3 reasonable accommodations to facilitate communication. 4 d. “Interpreter” means an oral interpreter or sign language 5 interpreter. 6 e. “Oral interpreter” means an interpreter who is fluent in 7 transliterating, paraphrasing, and voicing. 8 f. d. “Sign language interpreter” means an interpreter a 9 person who is able to interpret from sign language to English 10 and English to into an oral language and from an oral language 11 into sign language. 12 2. The supreme court, after consultation with the 13 department of human rights, shall adopt rules governing the 14 qualifications and compensation of sign language interpreters 15 appearing in a legal proceeding before a court, grand jury, or 16 before an administrative agency under this chapter . However, 17 an administrative agency which is subject to chapter 17A 18 may adopt rules differing from those of the supreme court 19 governing the qualifications and compensation of sign language 20 interpreters appearing in proceedings before that agency. 21 Sec. 15. Section 622B.2, Code 2020, is amended to read as 22 follows: 23 622B.2 Interpreter appointed. 24 If a deaf or hard-of-hearing person is a party to, a witness 25 at, or a participant in a proceeding before a grand jury, 26 court, or administrative agency of this state, the court 27 or administrative agency shall appoint an a sign language 28 interpreter without expense to the deaf or hard-of-hearing 29 person to interpret or translate the proceedings to the deaf 30 or hard-of-hearing person and to interpret or translate the 31 person’s testimony unless the deaf or hard-of-hearing person 32 waives the right to an a sign language interpreter. 33 Sec. 16. Section 622B.3, Code 2020, is amended to read as 34 follows: 35 -5- LSB 5325XD (6) 88 md/jh 5/ 10

S.F. _____ H.F. _____ 622B.3 Notice of need. 1 When a deaf or hard-of-hearing person is entitled to an a 2 sign language interpreter, the deaf or hard-of-hearing person 3 shall notify the presiding official within three days after 4 receiving notice of the proceeding, stating the disability and 5 requesting the services of an a sign language interpreter. If 6 the deaf or hard-of-hearing person receives notification of an 7 appearance less than five days prior to the proceeding, that 8 person shall notify the presiding official requesting an a sign 9 language interpreter as soon as practicable or may apply for a 10 continuance until an a sign language interpreter is appointed. 11 Sec. 17. Section 622B.4, Code 2020, is amended to read as 12 follows: 13 622B.4 List. 14 The office of deaf services of the department of human rights 15 shall prepare and continually update a listing of qualified 16 and available sign language interpreters. The courts and 17 administrative agencies shall maintain a directory of qualified 18 sign language interpreters for deaf and hard-of-hearing 19 persons as furnished by the department of human rights. 20 The office of deaf services shall maintain a list of sign 21 language interpreters which shall be made available to a court, 22 administrative agency, or interested parties to an action using 23 the services of an a sign language interpreter. 24 Sec. 18. Section 622B.5, Code 2020, is amended to read as 25 follows: 26 622B.5 Oath. 27 Before participating in a proceeding, an a sign 28 language interpreter shall take an oath that the sign 29 language interpreter will make a true interpretation in an 30 understandable manner to the person for whom the sign language 31 interpreter is appointed and that the sign language interpreter 32 will interpret or translate the statements of the deaf or 33 hard-of-hearing person to the best of the sign language 34 interpreter’s skills and judgment. 35 -6- LSB 5325XD (6) 88 md/jh 6/ 10

S.F. _____ H.F. _____ Sec. 19. Section 622B.6, Code 2020, is amended to read as 1 follows: 2 622B.6 Privileged communications . 3 Communication between a deaf or hard-of-hearing person 4 and a third party which is privileged under chapter 622 in 5 which the sign language interpreter participates as an a sign 6 language interpreter shall be privileged to the sign language 7 interpreter. 8 Sec. 20. Section 622B.7, Code 2020, is amended to read as 9 follows: 10 622B.7 Fee. 11 An A sign language interpreter appointed under this chapter 12 is entitled to a reasonable fee and expenses as determined 13 by the rules applying to that proceeding. This schedule 14 shall be furnished to all courts and administrative agencies 15 and maintained by them. If the sign language interpreter is 16 appointed by the court, the fee and expenses shall be paid by 17 the county and if the sign language interpreter is appointed by 18 an administrative agency, the fee and expenses shall be paid 19 out of funds available to the administrative agency. 20 Sec. 21. Section 622B.8, Code 2020, is amended to read as 21 follows: 22 622B.8 Disqualification. 23 On motion of a party or on its own motion, a court or 24 administrative agency shall inquire into the qualifications , 25 neutrality, and integrity of an a sign language interpreter. A 26 court or administrative agency may disqualify for good reason 27 any person from serving as an a sign language interpreter 28 in that proceeding. If an a sign language interpreter is 29 disqualified, the court or administrative agency shall appoint 30 another sign language interpreter. 31 Sec. 22. Section 815.11, Code 2020, is amended to read as 32 follows: 33 815.11 Appropriations for indigent defense —— fund created. 34 1. Costs incurred for legal representation by a 35 -7- LSB 5325XD (6) 88 md/jh 7/ 10

S.F. _____ H.F. _____ court-appointed attorney under chapter 229A , 665 , 822 , or 908 , 1 or section 232.141, subsection 3 , paragraph “d” , or section 2 598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 3 815.10 on behalf of an indigent shall be paid from moneys 4 appropriated by the general assembly to the office of the 5 state public defender in the department of inspections and 6 appeals and deposited in an account to be known as the indigent 7 defense fund , except as provided in subsection 2 . Costs 8 incurred representing an indigent defendant in a contempt 9 action, or representing an indigent juvenile in a juvenile 10 court proceeding, are also payable from the fund. However, 11 costs incurred in any administrative proceeding or in any 12 other proceeding under this chapter or chapter 598 , 600 , 600A , 13 633 , 633A , 814 , or 915 or other provisions of the Code or 14 administrative rules are not payable from the fund. 15 2. The costs and fees associated with oral language 16 interpreters are not payable from this fund. The costs and 17 fees of an oral language interpreter shall be paid pursuant to 18 section 622A.3 from moneys appropriated by the general assembly 19 to the judicial branch revolving fund created pursuant to 20 section 602.1302, subsection 3. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to oral language interpreters for 25 limited-English-proficient persons and sign language 26 interpreters for deaf and hard-of-hearing persons. 27 The bill amends Code chapter 622A, which in the bill provides 28 for oral language interpreters for limited-English-proficient 29 persons in legal proceedings. 30 The bill provides new definitions for “limited English 31 proficient” and “oral language interpreter”. 32 The bill provides that the state court administrator shall 33 pay oral language interpreters from the revolving fund created 34 in Code section 602.1302(3) when a limited-English-proficient 35 -8- LSB 5325XD (6) 88 md/jh 8/ 10

S.F. _____ H.F. _____ person is entitled to an oral language interpreter and the 1 oral language interpreter services are not provided before 2 an administrative agency. The bill provides that in civil 3 cases, every court shall tax the costs of an oral language 4 interpreter the same as other court costs. In criminal cases, 5 the bill provides that where the defendant is indigent, the 6 oral language interpreter shall be considered as a defendant’s 7 witness under rule of criminal procedure 2.15 for the purpose 8 of receiving fees, except that subpoenas are not required. 9 The bill provides that an administrative agency shall pay an 10 oral language interpreter when a limited-English-proficient 11 person is entitled to an oral language interpreter and the 12 oral language interpreter services are provided before an 13 administrative agency. The bill provides that the agency may 14 require that the party to the proceeding pay the expense of the 15 oral language interpreter. 16 The bill provides that an oral language interpreter in a 17 legal proceeding shall take an oath consistent with rules 18 the supreme court adopts under Code chapter 622A. The bill 19 provides that in addition to a court or administrative agency 20 being able to inquire into the qualifications and integrity 21 of an oral language interpreter, the court or administrative 22 agency may also inquire into the neutrality of the oral 23 language interpreter. The bill amends the section of Code 24 chapter 622A that provides the authorization for rulemaking 25 to specify oral language interpreters appearing in legal 26 proceedings. The bill provides that an electronic recording 27 of the portion of proceedings where non-English testimony is 28 given shall be made and maintained for one year after the entry 29 of the final disposition or sentence, or if the final judgment 30 is appealed, until one year after the final disposition of the 31 appeal. 32 The bill provides that communications between a 33 limited-English-proficient person and a third party which are 34 privileged under Code chapter 622 in which an oral language 35 -9- LSB 5325XD (6) 88 md/jh 9/ 10

S.F. _____ H.F. _____ interpreter participates as an oral language interpreter shall 1 be privileged with regard to the oral language interpreter. 2 The bill also amends Code chapter 622B, which provides 3 for sign language interpreters for deaf and hard-of-hearing 4 persons. 5 The bill provides that in addition to a court or 6 administrative agency being able to inquire into the 7 qualifications and integrity of a sign language interpreter, 8 the court or administrative agency may also inquire into the 9 neutrality of the sign language interpreter. 10 Code section 815.11 provides appropriations for indigent 11 defense. The bill provides that costs and fees associated with 12 oral language interpreters are not payable from this fund. 13 -10- LSB 5325XD (6) 88 md/jh 10/ 10