H.F. 707 Section 1. Section 331.424, subsection 1, paragraph a, 1 subparagraph (6), Code 2021, 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 2021, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 1A. “Interpreter” means a person who 22 transfers the meaning of spoken or written words in one 23 language into the equivalent meaning in another spoken 24 language. 25 NEW SUBSECTION . 3. “Limited English proficient” means the 26 inability to adequately understand or effectively communicate 27 in the English language because a person’s primary language is 28 a language other than English. 29 NEW SUBSECTION . 4. “Translator” means a person who 30 transfers the meaning of written or spoken words in one 31 language into the equivalent meaning in the written words of 32 another language. 33 Sec. 3. Section 622A.2, Code 2021, is amended to read as 34 follows: 35 -1- HF 707 (3) 89 cm/jh/md 1/ 8

H.F. 707 622A.2 Who entitled to interpreter Limited-English-proficient 1 persons —— when entitled to an interpreter or a translator . 2 1. Every A limited-English-proficient person who cannot 3 speak or understand the English language and who is a party to 4 any legal proceeding or a witness therein, shall be entitled to 5 an interpreter to assist such person throughout the proceeding. 6 2. A limited-English-proficient person who is a party to any 7 legal proceeding shall be entitled to a translator to produce 8 a written translation of written or electronically recorded 9 material only when a court determines that an oral or sign 10 interpretation of the material is not sufficient to ensure due 11 process under the circumstances. 12 Sec. 4. Section 622A.3, subsection 1, unnumbered paragraph 13 1, Code 2021, is amended to read as follows: 14 An interpreter or translator shall be appointed without 15 expense to the a limited-English-proficient person requiring 16 assistance in the following cases: 17 Sec. 5. Section 622A.3, subsection 2, Code 2021, is amended 18 by striking the subsection and inserting in lieu thereof the 19 following: 20 2. The state court administrator shall receive, review, 21 and pay fee claims from an interpreter or translator appointed 22 under subsection 1, including all interpreter or translator 23 claims formerly paid from the indigent defense fund. The 24 fees shall be paid from the revolving fund created in section 25 602.1302, subsection 3, when a limited-English-proficient 26 person is entitled to an interpreter or translator under 27 section 622A.2 and the interpreter or translator services are 28 not provided before an administrative agency. 29 Sec. 6. Section 622A.3, Code 2021, is amended by adding the 30 following new subsections: 31 NEW SUBSECTION . 2A. In civil cases, every court shall tax 32 the costs of an interpreter or translator the same as other 33 court costs. 34 NEW SUBSECTION . 2B. In criminal cases, where the defendant 35 -2- HF 707 (3) 89 cm/jh/md 2/ 8

H.F. 707 is indigent, the interpreter or translator shall be considered 1 as a defendant’s witness under rule of criminal procedure 2.15 2 for the purpose of receiving fees, except that subpoenas shall 3 not be required. 4 NEW SUBSECTION . 2C. An administrative agency shall pay 5 an interpreter when a limited-English-proficient person 6 is entitled to an interpreter under section 622A.2 and the 7 interpreter services are provided before an administrative 8 agency. The agency may require that the party to the 9 proceeding pay the expense of the interpreter. 10 Sec. 7. Section 622A.4, Code 2021, is amended to read as 11 follows: 12 622A.4 Fee set by court —— payment or administrative agency . 13 Every interpreter appointed by a court or administrative 14 agency shall receive a fee to be set by the court or 15 administrative agency. If the interpreter is appointed by the 16 court in a civil case for a person who is indigent and unable 17 to secure an interpreter, the fee for the interpreter shall be 18 paid from the revolving fund established in section 602.1302, 19 subsection 3 . 20 Sec. 8. Section 622A.5, Code 2021, is amended to read as 21 follows: 22 622A.5 Oath. 23 Every interpreter and translator in any legal proceeding 24 shall take the same an oath as any other witness consistent 25 with the rules the supreme court adopts under this chapter . 26 Sec. 9. Section 622A.6, Code 2021, is amended to read as 27 follows: 28 622A.6 Qualifications , neutrality, and integrity. 29 Any court or administrative agency may inquire into the 30 qualifications , neutrality, and integrity of any interpreter 31 or translator , and may disqualify any person from serving as 32 an interpreter or translator . 33 Sec. 10. Section 622A.7, Code 2021, is amended to read as 34 follows: 35 -3- HF 707 (3) 89 cm/jh/md 3/ 8

H.F. 707 622A.7 Rules. 1 The supreme court, after consultation with the commission 2 of Latino affairs of the department of human rights and other 3 appropriate departments, shall adopt rules governing the 4 qualifications and compensation of interpreters or translators 5 appearing in legal proceedings before a court or grand jury 6 under this chapter . However, an administrative agency which is 7 subject to chapter 17A may adopt rules differing from those of 8 the supreme court governing the qualifications and compensation 9 of interpreters or translators appearing in proceedings before 10 that agency. 11 Sec. 11. Section 622A.8, Code 2021, is amended to read as 12 follows: 13 622A.8 Tape Electronic recording of testimony . 14 A tape An electronic recording of the portion of 15 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 Sec. 12. NEW SECTION . 622A.9 Privileged communications. 20 Communications between a limited-English-proficient person 21 and a third party which are privileged under chapter 622 22 in which an interpreter or translator participates as an 23 interpreter or translator shall be privileged with regard to 24 the interpreter or translator. 25 Sec. 13. Section 622B.1, Code 2021, is amended to read as 26 follows: 27 622B.1 Definitions —— rules. 28 1. As used in this chapter , unless the context otherwise 29 requires: 30 a. “Administrative agency” means any department, board, 31 commission, or agency of the state or any political subdivision 32 of the state. 33 b. “Deaf person” means an individual who uses sign language 34 as the person’s primary mode of communication and who may use 35 -4- HF 707 (3) 89 cm/jh/md 4/ 8

H.F. 707 sign language interpreters to facilitate communication. 1 c. “Hard-of-hearing person” means an individual who 2 is unable to hear and distinguish sounds within normal 3 conversational range and who needs to use speechreading, 4 assistive listening devices, or oral interpreters other 5 reasonable accommodations to facilitate communication. 6 d. “Interpreter” means an oral interpreter or sign language 7 interpreter. 8 e. “Oral interpreter” means an interpreter who is fluent in 9 transliterating, paraphrasing, and voicing. 10 f. d. “Sign language interpreter” means an interpreter a 11 person who is able to interpret from sign language to English 12 and English to into an oral language and from an oral language 13 into sign language. 14 2. The supreme court, after consultation with the 15 department of human rights, shall adopt rules governing the 16 qualifications and compensation of sign language interpreters 17 appearing in a legal proceeding before a court, grand jury, or 18 before an administrative agency under this chapter . However, 19 an administrative agency which is subject to chapter 17A 20 may adopt rules differing from those of the supreme court 21 governing the qualifications and compensation of sign language 22 interpreters appearing in proceedings before that agency. 23 Sec. 14. Section 622B.2, Code 2021, is amended to read as 24 follows: 25 622B.2 Interpreter appointed. 26 If a deaf or hard-of-hearing person is a party to, a witness 27 at, or a participant in a proceeding before a grand jury, 28 court, or administrative agency of this state, the court 29 or administrative agency shall appoint an a sign language 30 interpreter without expense to the deaf or hard-of-hearing 31 person to interpret or translate the proceedings to the deaf 32 or hard-of-hearing person and to interpret or translate the 33 person’s testimony unless the deaf or hard-of-hearing person 34 waives the right to an a sign language interpreter. 35 -5- HF 707 (3) 89 cm/jh/md 5/ 8

H.F. 707 Sec. 15. Section 622B.3, Code 2021, is amended to read as 1 follows: 2 622B.3 Notice of need. 3 When a deaf or hard-of-hearing person is entitled to an a 4 sign language interpreter, the deaf or hard-of-hearing person 5 shall notify the presiding official within three days after 6 receiving notice of the proceeding, stating the disability and 7 requesting the services of an a sign language interpreter. If 8 the deaf or hard-of-hearing person receives notification of an 9 appearance less than five days prior to the proceeding, that 10 person shall notify the presiding official requesting an a sign 11 language interpreter as soon as practicable or may apply for a 12 continuance until an a sign language interpreter is appointed. 13 Sec. 16. Section 622B.4, Code 2021, is amended to read as 14 follows: 15 622B.4 List. 16 The office of deaf services of the department of human rights 17 shall prepare and continually update a listing of qualified 18 and available sign language interpreters. The courts and 19 administrative agencies shall maintain a directory of qualified 20 interpreters for deaf and hard-of-hearing persons as furnished 21 by the department of human rights. The office of deaf services 22 shall maintain a list of sign language interpreters which 23 shall be made available to a court, administrative agency, or 24 interested parties to an action using the services of an a sign 25 language interpreter. 26 Sec. 17. Section 622B.5, Code 2021, is amended to read as 27 follows: 28 622B.5 Oath. 29 Before participating in a proceeding, an a sign 30 language interpreter shall take an oath that the sign 31 language interpreter will make a true interpretation in an 32 understandable manner to the person for whom the sign language 33 interpreter is appointed and that the sign language interpreter 34 will interpret or translate the statements of the deaf or 35 -6- HF 707 (3) 89 cm/jh/md 6/ 8

H.F. 707 hard-of-hearing person to the best of the sign language 1 interpreter’s skills and judgment. 2 Sec. 18. Section 622B.6, Code 2021, is amended to read as 3 follows: 4 622B.6 Privileged communications . 5 Communication between a deaf or hard-of-hearing person 6 and a third party which is privileged under chapter 622 in 7 which the sign language interpreter participates as an a sign 8 language interpreter shall be privileged to the sign language 9 interpreter. 10 Sec. 19. Section 622B.7, Code 2021, is amended to read as 11 follows: 12 622B.7 Fee. 13 An A sign language interpreter appointed under this chapter 14 is entitled to a reasonable fee and expenses as determined 15 by the rules applying to that proceeding. This schedule 16 shall be furnished to all courts and administrative agencies 17 and maintained by them. If the sign language interpreter is 18 appointed by the court, the fee and expenses shall be paid by 19 the county and if the sign language interpreter is appointed by 20 an administrative agency, the fee and expenses shall be paid 21 out of funds available to the administrative agency. 22 Sec. 20. Section 622B.8, Code 2021, is amended to read as 23 follows: 24 622B.8 Disqualification. 25 On motion of a party or on its own motion, a court or 26 administrative agency shall inquire into the qualifications , 27 neutrality, and integrity of an a sign language interpreter. A 28 court or administrative agency may disqualify for good reason 29 any person from serving as an a sign language interpreter 30 in that proceeding. If an a sign language interpreter is 31 disqualified, the court or administrative agency shall appoint 32 another sign language interpreter. 33 Sec. 21. Section 815.11, Code 2021, is amended to read as 34 follows: 35 -7- HF 707 (3) 89 cm/jh/md 7/ 8

H.F. 707 815.11 Appropriations for indigent defense —— fund created. 1 1. Costs incurred for legal representation by a 2 court-appointed attorney under chapter 229A , 665 , 822 , or 908 , 3 or section 232.141, subsection 3 , paragraph “d” , or section 4 598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 5 815.10 on behalf of an indigent shall be paid from moneys 6 appropriated by the general assembly to the office of the 7 state public defender in the department of inspections and 8 appeals and deposited in an account to be known as the indigent 9 defense fund , except as provided in subsection 2 . Costs 10 incurred representing an indigent defendant in a contempt 11 action, representing an indigent juvenile in a juvenile court 12 proceeding, or representing a person pursuant to section 13B.13 13 are also payable from the fund. However, costs incurred in any 14 administrative proceeding or in any other proceeding under this 15 chapter or chapter 598 , 600 , 600A , 633 , 633A , 814 , or 915 or 16 other provisions of the Code or administrative rules are not 17 payable from the fund. 18 2. The costs and fees associated with translators, foreign 19 language interpreters, and sign language interpreters are not 20 payable from this fund. The costs and fees of sign language 21 interpreters shall be paid by the county pursuant to section 22 622B.7, and the costs and fees of translators and foreign 23 language interpreters shall be paid pursuant to section 24 622A.3 from moneys appropriated by the general assembly to the 25 judicial branch revolving fund created pursuant to section 26 602.1302, subsection 3. 27 Sec. 22. PAYMENT OF INTERPRETERS AND TRANSLATORS. Moneys 28 appropriated to the indigent defense fund created in section 29 815.11 for payment of interpreters and translators during the 30 fiscal year beginning July 1, 2020, and ending June 30, 2021, 31 shall be used by the state public defender for payment of costs 32 and fees of interpreters and translators for claims the state 33 public defender has received prior to the effective date of 34 this Act. 35 -8- HF 707 (3) 89 cm/jh/md 8/ 8