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Senate Study Bill 1145 - IntroducedA Bill ForAn Act 1relating to state-funded interpreters and translators
2for limited-English-proficient, deaf, and hard-of-hearing
3persons in certain court proceedings and court-related
4activities.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.141, subsections 1 and 2, Code 2019,
2are amended to read as follows:
31. Except as otherwise provided by law, the court shall
4inquire into the ability of the child or the child’s parent
5to pay expenses incurred pursuant to subsections 2, 4, and 8.
6After giving the parent a reasonable opportunity to be heard,
7the court may order the parent to pay all or part of the costs
8of the child’s care, examination, treatment, legal expenses, or
9other expenses, excluding the costs and fees of oral language
10interpreters and translators, who shall be paid pursuant to
11section 622A.3, and sign language interpreters, who shall be
12paid pursuant to section 622B.7. An order entered under this
13section does not obligate a parent paying child support under a
14custody decree, except that part of the monthly support payment
15may be used to satisfy the obligations imposed by the order
16entered pursuant to this section. If a parent fails to pay as
17ordered, without good reason, the court may proceed against
18the parent for contempt and may inform the county attorney who
19shall proceed against the parent to collect the unpaid amount.
20Any payment ordered by the court shall be a judgment against
21each of the child’s parents and a lien as provided in section
22624.23. If all or part of the amount that the parents are
23ordered to pay is subsequently paid by the county or state,
24the judgment and lien shall thereafter be against each of the
25parents in favor of the county to the extent of the county’s
26payments and in favor of the state to the extent of the state’s
27payments.
282. All of the following juvenile court expenses are a charge
29upon the county in which the proceedings are held, to the
30extent provided in subsection 3:
31a. Juvenile court expenses incurred by an attorney appointed
32by the court to serve as counsel to any party or to serve as a
33guardian ad litem for any child, including fees and expenses
34for foreign language interpreters, costs of depositions and
35transcripts, fees and mileage of witnesses, and the expenses of
-1-1officers serving notices and subpoenas.
2b. Reasonable compensation for an attorney appointed by the
3court to serve as counsel to any party or as guardian ad litem
4for any child in juvenile court.
5c. Fees and expenses incurred by the juvenile court for
6foreign language interpreters for court proceedings.
7 Sec. 2. Section 331.424, subsection 1, paragraph a,
8subparagraph (6), Code 2019, is amended to read as follows:
9(6) The maintenance and operation of the courts, including
10but not limited to the salary and expenses of the clerk of the
11district court and other employees of the clerk’s office, and
12bailiffs, court costs if the prosecution fails or if the costs
13cannot be collected from the person liable, costs and expenses
14of prosecution under section 189A.17, salaries and expenses
15of juvenile court officers under chapter 602, court-ordered
16costs in domestic abuse cases under section 236.5, sexual abuse
17cases under section 236A.7, and elder abuse cases under section
18235F.6, the county’s expense for confinement of prisoners under
19chapter 356A, temporary assistance to the county attorney,
20county contributions to a retirement system for bailiffs,
21reimbursement for judicial magistrates under section 602.6501,
22claims filed under section 622.93, sign language interpreters’
23fees under section 622B.7, uniform citation and complaint
24supplies under section 805.6, and costs of prosecution under
25section 815.13.
26 Sec. 3. Section 602.1302, subsection 3, Code 2019, is
27amended to read as follows:
283. A revolving fund is created in the state treasury
29for the payment of jury and witness fees, mileage, costs
30related to summoning jurors by the judicial branch, costs
31and fees related to the management and payment of oral
32language interpreters and translators in judicial branch legal
33proceedings and court-ordered programs, who shall be paid
34pursuant to section 622A.3, and sign language interpreters,
35who shall be paid pursuant to section 622B.7, and attorney
-2-1fees paid by the state public defender for counsel appointed
2pursuant to section 600A.6A. The judicial branch shall
3deposit any reimbursements to the state for the payment of
4jury and witness fees and mileage in the revolving fund. In
5each calendar quarter the judicial branch shall reimburse
6the state public defender for attorney fees paid pursuant to
7section 600A.6B. Notwithstanding section 8.33, unencumbered
8and unobligated receipts in the revolving fund at the end of
9a fiscal year do not revert to the general fund of the state.
10The judicial branch shall on or before February 1 file a
11financial accounting of the moneys in the revolving fund with
12the legislative services agency. The accounting shall include
13an estimate of disbursements from the revolving fund for the
14remainder of the fiscal year and for the next fiscal year.
15 Sec. 4. Section 622A.1, Code 2019, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 3. “Limited English proficient” means the
18inability to adequately understand or effectively communicate
19in the English language because a person’s primary language is
20a language other than English.
21 NEW SUBSECTION. 4. “Oral language interpreter” means a
22person who can accurately transfer the meaning of words or
23phrases of one oral language into the equivalent words or
24phrases of a second oral language and from a second oral
25language into the first oral language.
26 NEW SUBSECTION. 5. “Participant” means any of the
27following:
28a. A party or witness in a legal proceeding.
29b. A child who is or may be the subject of a delinquency
30petition.
31c. A parent, guardian, or custodian, whose child is or may
32be the subject of a delinquency petition.
33d. A person who is a guardian, conservator, or trustee in a
34probate case.
35 NEW SUBSECTION. 6. “Translator” means a person who can
-3-1accurately transfer the meaning of words or phrases of one
2written language into the equivalent words or phrases of a
3second written language and from a second written language into
4the first written language.
5 Sec. 5. Section 622A.2, Code 2019, is amended to read as
6follows:
7622A.2 Who entitled Limited-English-proficient persons —
8 when entitled to an oral language interpreter or a translator
9without cost.
101. Every limited-English-proficient person who cannot speak
11or understand the English language and who is a party to any
12legal proceeding or a witness therein, shall be is entitled to
13an oral language interpreter and a translator to assist such
14person throughout the proceeding. without cost when the person
15is any of the following:
16a. A participant in a legal proceeding.
17b. A party who is ordered by a court to participate in a
18mediation.
19c. A party who is ordered by a court to participate in a
20predisposition parenting program in a domestic relations case.
212. In addition to subsection 1, if a limited-English-
22proficient person is a party who is entitled to appointment
23of legal counsel in a criminal or juvenile case or the court
24otherwise determines that the limited-English-proficient person
25is a party who is indigent or cannot afford to pay for an oral
26language interpreter or a translator, the person is entitled to
27an oral language interpreter and a translator to assist such
28person without cost when the person is a party in a pending
29court case for any of the following purposes:
30a. A deposition in the party’s pending court case.
31b. A consultation with an attorney in the party’s pending
32court case.
33c. To prepare for a legal proceeding before any court.
34 Sec. 6. Section 622A.3, Code 2019, is amended by striking
35the section and inserting in lieu thereof the following:
-4- 1622A.3 Payment of oral language interpreters and translators.
21. The state court administrator shall pay an oral
3language interpreter or a translator from the revolving
4fund created in section 602.1302, subsection 3, when a
5limited-English-proficient person is entitled to an oral
6language interpreter or a translator under section 622A.2
7and the oral language interpreter services or the translator
8services are not provided before an administrative agency.
92. An administrative agency shall pay an oral language
10interpreter or a translator when a limited-English-proficient
11person is entitled to an oral language interpreter or a
12translator under section 622A.2 and the oral language
13interpreter services or the translator services are provided
14before an administrative agency.
15 Sec. 7. Section 622A.4, Code 2019, is amended to read as
16follows:
17622A.4 Fee set by court — payment or administrative agency.
18Every oral language interpreter and translator appointed
19by a court or administrative agency shall receive a fee to be
20set by the court or administrative agency. If the interpreter
21is appointed by the court in a civil case for a person who is
22indigent and unable to secure an interpreter, the fee for the
23interpreter shall be paid from the revolving fund established
24in section 602.1302, subsection 3.
25 Sec. 8. Section 622A.5, Code 2019, is amended to read as
26follows:
27622A.5 Oath.
28Every oral language interpreter and translator in any legal
29proceeding shall take the same an oath as any other witness
30 consistent with the rules the supreme court adopts under this
31chapter.
32 Sec. 9. Section 622A.6, Code 2019, is amended to read as
33follows:
34622A.6 Qualifications, neutrality, and integrity.
35Any court or administrative agency may inquire into the
-5-1qualifications, neutrality, and integrity of any oral language
2 interpreter or translator, and may disqualify any person from
3serving as an oral language interpreter or translator.
4 Sec. 10. Section 622A.7, Code 2019, is amended to read as
5follows:
6622A.7 Rules.
7The supreme court, after consultation with the commission
8of Latino affairs of the department of human rights and other
9appropriate departments, shall adopt rules governing the
10qualifications and compensation of oral language interpreters
11and translators appearing in legal proceedings before a court
12or grand jury under this chapter. However, an administrative
13agency which is subject to chapter 17A may adopt rules
14differing from those of the supreme court governing the
15qualifications and compensation of oral language interpreters
16and translators appearing in proceedings before that agency.
17 Sec. 11. Section 622A.8, Code 2019, is amended to read as
18follows:
19622A.8 Tape Electronic recording of testimony.
20A tape An electronic recording of the portion of
21proceedings where non-English testimony is given shall be
22made and maintained for one year after the entry of the final
23disposition or sentence or, if the final judgment is appealed,
24until one year after the final disposition of the appeal.
25 Sec. 12. Section 622B.1, Code 2019, is amended to read as
26follows:
27622B.1 Definitions — rules.
281. As used in this chapter, unless the context otherwise
29requires:
30a. “Administrative agency” means any department, board,
31commission, or agency of the state or any political subdivision
32of the state.
33b. “Deaf person” means an individual who uses sign language
34as the person’s primary mode of communication and who may use
35sign language interpreters to facilitate communication.
-6- 1c. “Hard-of-hearing person” means an individual who
2is unable to hear and distinguish sounds within normal
3conversational range and who needs to use speechreading,
4assistive listening devices, or oral interpreters other
5reasonable accommodations to facilitate communication.
6d. “Interpreter” means an oral interpreter or sign language
7interpreter.
8e. “Oral interpreter” means an interpreter who is fluent in
9transliterating, paraphrasing, and voicing.
10d. “Participant” means any of the following:
11(1) A party, witness, or attorney in a legal proceeding.
12(2) A child who is or may be the subject of a delinquency
13petition.
14(3) A parent, guardian, or custodian, whose child is or may
15be the subject of a delinquency petition.
16(4) A person who is a guardian, conservator, or trustee in a
17probate case.
18f. e. “Sign language interpreter” means an interpreter a
19person who is able to interpret from sign language to English
20and English to into an oral language and from an oral language
21into sign language.
222. The supreme court, after consultation with the
23department of human rights, shall adopt rules governing the
24qualifications and compensation of sign language interpreters
25appearing in a legal proceeding before a court, grand jury, or
26before an administrative agency under this chapter. However,
27an administrative agency which is subject to chapter 17A
28may adopt rules differing from those of the supreme court
29governing the qualifications and compensation of sign language
30 interpreters appearing in proceedings before that agency.
31 Sec. 13. Section 622B.2, Code 2019, is amended by striking
32the section and inserting in lieu thereof the following:
33622B.2 Sign language interpreter appointed without cost.
341. A court or administrative agency shall appoint
35a sign language interpreter without cost to a deaf or
-7-1hard-of-hearing person to interpret the proceedings to the
2deaf or hard-of-hearing person and to interpret the deaf
3or hard-of-hearing person’s testimony, unless the deaf or
4hard-of-hearing person waives the right to a sign language
5interpreter, when the deaf or hard-of-hearing person is any of
6the following:
7a. A participant in a legal proceeding.
8b. A party who is ordered by a court to participate in a
9mediation.
10c. A party who is ordered by a court to participate in a
11predisposition parenting program in a domestic relations case.
122. In addition to subsection 1, if a deaf or hard-of-hearing
13person is a party who is entitled to appointment of legal
14counsel in a criminal or juvenile case or the court otherwise
15determines that the deaf or hard-of-hearing person is a party
16who is indigent or cannot afford to pay for sign language
17interpreter services, the person is entitled to a sign language
18interpreter to assist such person without cost when the person
19is a party in a pending court case for any of the following
20purposes:
21a. A deposition in the party’s pending court case.
22b. A consultation with an attorney in the party’s pending
23court case.
24c. To prepare for a legal proceeding before any court.
25 Sec. 14. Section 622B.3, Code 2019, is amended to read as
26follows:
27622B.3 Notice of need.
28When a deaf or hard-of-hearing person is entitled to an a
29sign language interpreter, the deaf or hard-of-hearing person
30shall notify the presiding official within three days after
31receiving notice of the proceeding, stating the disability and
32requesting the services of an a sign language interpreter. If
33the deaf or hard-of-hearing person receives notification of an
34appearance less than five days prior to the proceeding, that
35person shall notify the presiding official requesting an a sign
-8-1language interpreter as soon as practicable or may apply for a
2continuance until an a sign language interpreter is appointed.
3 Sec. 15. Section 622B.4, Code 2019, is amended to read as
4follows:
5622B.4 List.
6The office of deaf services of the department of human rights
7shall prepare and continually update a listing of qualified
8and available sign language interpreters. The courts and
9administrative agencies shall maintain a directory of qualified
10sign language interpreters for deaf and hard-of-hearing
11persons as furnished by the department of human rights.
12The office of deaf services shall maintain a list of sign
13language interpreters which shall be made available to a court,
14administrative agency, or interested parties to an action using
15the services of an a sign language interpreter.
16 Sec. 16. Section 622B.5, Code 2019, is amended to read as
17follows:
18622B.5 Oath.
19Before participating in a proceeding, an a sign
20language interpreter shall take an oath that the sign
21language interpreter will make a true interpretation in an
22understandable manner to the person for whom the sign language
23 interpreter is appointed and that the sign language interpreter
24will interpret or translate the statements of the deaf or
25hard-of-hearing person to the best of the sign language
26 interpreter’s skills and judgment.
27 Sec. 17. Section 622B.6, Code 2019, is amended to read as
28follows:
29622B.6 Privileged communications.
30Communication between a deaf or hard-of-hearing person
31and a third party which is privileged under chapter 622 in
32which the sign language interpreter participates as an a sign
33language interpreter shall be privileged to the sign language
34 interpreter.
35 Sec. 18. Section 622B.7, Code 2019, is amended to read as
-9-1follows:
2622B.7 Fee.
3An A sign language interpreter appointed under this chapter
4is entitled to a reasonable fee and expenses as determined
5by the rules applying to that proceeding. This schedule
6shall be furnished to all courts and administrative agencies
7and maintained by them. If the sign language interpreter is
8appointed by the court, the fee and expenses shall be paid by
9the county and if the sign language interpreter is appointed by
10an administrative agency, the fee and expenses shall be paid
11out of funds available to the administrative agency.
12 Sec. 19. Section 622B.8, Code 2019, is amended to read as
13follows:
14622B.8 Disqualification.
15On motion of a party or on its own motion, a court or
16administrative agency shall inquire into the qualifications,
17neutrality, and integrity of an a sign language interpreter. A
18court or administrative agency may disqualify for good reason
19any person from serving as an a sign language interpreter
20in that proceeding. If an a sign language interpreter is
21disqualified, the court or administrative agency shall appoint
22another sign language interpreter.
23 Sec. 20. Section 815.9, subsection 3, Code 2019, is amended
24to read as follows:
253. If a person is granted an appointed attorney, the
26person shall be required to reimburse the state for the total
27cost of legal assistance provided to the person pursuant to
28this section. “Legal assistance” as used in this section
29shall include not only the expense of the public defender or
30an appointed attorney, but also transcripts, witness fees,
31expenses, and any other goods or services required by law to
32be provided to an indigent person entitled to an appointed
33attorney, excluding the costs and fees of oral language
34interpreters and translators, who shall be paid pursuant to
35section 622A.3, and sign language interpreters, who shall be
-10-1paid pursuant to section 622B.7.
2 Sec. 21. Section 815.11, Code 2019, is amended to read as
3follows:
4815.11 Appropriations for indigent defense — fund created.
5Costs incurred for legal representation by a court-appointed
6attorney under chapter 229A, 665, 822, or 908, or section
7232.141, subsection 3, paragraph “d”, or section 598.23A,
8600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 815.10 on
9behalf of an indigent shall be paid from moneys appropriated
10by the general assembly to the office of the state public
11defender in the department of inspections and appeals and
12deposited in an account to be known as the indigent defense
13fund. Costs incurred representing an indigent defendant in
14a contempt action, or representing an indigent juvenile in a
15juvenile court proceeding, are also payable from the fund.
16However, costs incurred in any administrative proceeding or in
17any other proceeding under this chapter or chapter 598, 600,
18600A, 633, 633A, 814, or 915 or other provisions of the Code
19or administrative rules are not payable from the fund. The
20costs and fees associated with oral language interpreters, sign
21language interpreters, or translators shall be excluded from
22this fund. The costs and fees of an oral language interpreter
23or a translator shall be paid pursuant to section 622A.3. The
24costs and fees of a sign language interpreter shall be paid
25pursuant to section 622B.7.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to oral language interpreters and
30translators for limited-English-proficient persons and sign
31language interpreters for deaf and hard-of-hearing persons.
32The bill amends Code chapter 622A, which in the bill
33provides for oral language interpreters and translators for
34limited-English-proficient persons in legal proceedings and
35court-related activities.
-11- 1The bill provides new definitions for limited English
2proficient, oral language interpreter, participant, and
3translator. The bill defines “participant” in Code chapter
4622A as a party or witness in a legal proceeding; a child who
5is or may be the subject of a delinquency petition; a parent,
6guardian, or custodian, whose child is or may be the subject
7of a delinquency petition; or a person who is a guardian,
8conservator, or trustee in a probate case.
9The bill provides that every limited-English-proficient
10person is entitled to an oral language interpreter and a
11translator to assist such person without cost when the person
12is: a participant in a legal proceeding, a party who is
13ordered by a court to participate in a mediation, or a party
14who is ordered by a court to participate in a predisposition
15parenting program in a domestic relations case. Additionally,
16if a limited-English-proficient person is a party who is
17entitled to appointment of legal counsel in a criminal or
18juvenile case or the court otherwise determines that the
19limited-English-proficient person is a party who is indigent
20or cannot afford to pay for an oral language interpreter or
21a translator, the person is entitled to an oral language
22interpreter and a translator to assist such person without cost
23when the person is a party in a pending court case for: a
24deposition in the party’s pending court case, a consultation
25with an attorney in the party’s pending court case, or to
26prepare for a legal proceeding before any court.
27The bill provides that the state court administrator
28shall pay oral language interpreters and translators from
29the revolving fund created in Code section 602.1302(3) when
30a limited-English-proficient person is entitled to an oral
31language interpreter or a translator and the oral language
32interpreter services or translator services are not provided
33before an administrative agency. The bill provides that an
34administrative agency shall pay an oral language interpreter
35or a translator when a limited-English-proficient person is
-12-1entitled to an oral language interpreter or a translator and
2the oral language interpreter services or translator services
3are provided before an administrative agency.
4The bill provides that an oral language interpreter and a
5translator in a legal proceeding shall take an oath consistent
6with rules the supreme court adopts under Code chapter 622A.
7 The bill provides that in addition to a court or administrative
8agency being able to inquire into the qualifications and
9integrity of an oral language interpreter or a translator,
10the court or administrative agency may also inquire into the
11neutrality of the oral language interpreter or translator. The
12bill amends the section of Code chapter 622A that provides
13the authorization for rulemaking to specify oral language
14interpreters and translators appearing in legal proceedings.
15The bill provides that an electronic recording of the portion
16of proceedings where non-English testimony is given shall be
17made and maintained for one year after the entry of the final
18disposition or sentence, or if the final judgment is appealed,
19until one year after the final disposition of the appeal.
20The bill also amends Code chapter 622B, which provides
21for sign language interpreters for deaf and hard-of-hearing
22persons. The bill provides a new definition for “participant”.
23The bill defines “participant” in Code chapter 622B as
24any of the following: a party, witness, or attorney in a
25legal proceeding; a child who is or may be the subject of a
26delinquency petition; a parent, guardian, or custodian, whose
27child is or may be the subject of a delinquency petition; or a
28person who is a guardian, conservator, or trustee in a probate
29case.
30The bill provides that a court or administrative agency
31shall appoint a sign language interpreter without cost to a
32deaf or hard-of-hearing person to interpret the proceedings
33to the deaf or hard-of-hearing person and to interpret the
34deaf or hard-of-hearing person’s testimony, unless the deaf
35or hard-of-hearing person waives the right to a sign language
-13-1interpreter, when the deaf or hard-of-hearing person is a
2participant in a legal proceeding, a party who is ordered
3by a court to participate in a mediation, or a party who is
4ordered by a court to participate in a predisposition parenting
5program in a domestic relations case. Additionally, if a
6deaf or hard-of-hearing person is a party who is entitled to
7appointment of legal counsel in a criminal or juvenile case or
8the court otherwise determines that the deaf or hard-of-hearing
9person is a party who is indigent or cannot afford to pay for
10sign language interpreter services, the person is entitled
11to a sign language interpreter to assist such person without
12cost when the person is a party in a pending court case for a
13deposition in the party’s pending court case, a consultation
14with an attorney in the party’s pending court case, or to
15prepare for a legal proceeding before any court.
16The bill provides that in addition to a court or
17administrative agency being able to inquire into the
18qualifications and integrity of a sign language interpreter,
19the court or administrative agency may also inquire into the
20neutrality of the sign language interpreter.
21The bill amends Code sections 232.141, 815.9, and 815.11
22to exclude the costs and fees of interpreter and translator
23services.
24First, Code section 232.141 currently provides that the
25juvenile court shall inquire into the ability of the child
26or child’s parent to pay costs including the child’s care,
27examination, treatment, legal expenses, or other expenses.
28The bill excludes from those costs the costs and fees for
29oral language interpreters, sign language interpreters, and
30translators, and requires that those persons be paid pursuant
31to Code section 622A.3 (oral language interpreters and
32translators) or 622B.7 (sign language interpreters).
33Code section 815.9 currently provides that if a person
34is granted a court-appointed attorney in a criminal case,
35the person shall reimburse the state for the total cost of
-14-1legal assistance. The bill changes the definition of legal
2assistance to exclude the costs and fees of oral language
3interpreters, sign language interpreters, and translators. The
4bill states that these persons shall be paid pursuant to Code
5section 622A.3 (oral language interpreters and translators) or
6622B.7 (sign language interpreters).
7Code section 815.11 provides appropriations for indigent
8defense. The bill provides that the costs and fees associated
9with oral language interpreters, sign language interpreters,
10or translators are excluded from this fund, and that the costs
11and fees of an oral language interpreter or a translator shall
12be paid pursuant to Code section 622A.3. The costs and fees
13of a sign language interpreter shall be paid pursuant to Code
14section 622B.7.
15Finally, the bill provides the costs for oral language
16interpreters, sign language interpreters, and translators
17pursuant to Code section 622A.3 or 622B.7 shall be paid from
18the revolving fund created in Code section 602.1302.
-15-asf/jh
2for limited-English-proficient, deaf, and hard-of-hearing
3persons in certain court proceedings and court-related
4activities.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.141, subsections 1 and 2, Code 2019,
2are amended to read as follows:
31. Except as otherwise provided by law, the court shall
4inquire into the ability of the child or the child’s parent
5to pay expenses incurred pursuant to subsections 2, 4, and 8.
6After giving the parent a reasonable opportunity to be heard,
7the court may order the parent to pay all or part of the costs
8of the child’s care, examination, treatment, legal expenses, or
9other expenses, excluding the costs and fees of oral language
10interpreters and translators, who shall be paid pursuant to
11section 622A.3, and sign language interpreters, who shall be
12paid pursuant to section 622B.7. An order entered under this
13section does not obligate a parent paying child support under a
14custody decree, except that part of the monthly support payment
15may be used to satisfy the obligations imposed by the order
16entered pursuant to this section. If a parent fails to pay as
17ordered, without good reason, the court may proceed against
18the parent for contempt and may inform the county attorney who
19shall proceed against the parent to collect the unpaid amount.
20Any payment ordered by the court shall be a judgment against
21each of the child’s parents and a lien as provided in section
22624.23. If all or part of the amount that the parents are
23ordered to pay is subsequently paid by the county or state,
24the judgment and lien shall thereafter be against each of the
25parents in favor of the county to the extent of the county’s
26payments and in favor of the state to the extent of the state’s
27payments.
282. All of the following juvenile court expenses are a charge
29upon the county in which the proceedings are held, to the
30extent provided in subsection 3:
31a. Juvenile court expenses incurred by an attorney appointed
32by the court to serve as counsel to any party or to serve as a
33guardian ad litem for any child, including fees and expenses
34for foreign language interpreters, costs of depositions and
35transcripts, fees and mileage of witnesses, and the expenses of
-1-1officers serving notices and subpoenas.
2b. Reasonable compensation for an attorney appointed by the
3court to serve as counsel to any party or as guardian ad litem
4for any child in juvenile court.
5c. Fees and expenses incurred by the juvenile court for
6foreign language interpreters for court proceedings.
7 Sec. 2. Section 331.424, subsection 1, paragraph a,
8subparagraph (6), Code 2019, is amended to read as follows:
9(6) The maintenance and operation of the courts, including
10but not limited to the salary and expenses of the clerk of the
11district court and other employees of the clerk’s office, and
12bailiffs, court costs if the prosecution fails or if the costs
13cannot be collected from the person liable, costs and expenses
14of prosecution under section 189A.17, salaries and expenses
15of juvenile court officers under chapter 602, court-ordered
16costs in domestic abuse cases under section 236.5, sexual abuse
17cases under section 236A.7, and elder abuse cases under section
18235F.6, the county’s expense for confinement of prisoners under
19chapter 356A, temporary assistance to the county attorney,
20county contributions to a retirement system for bailiffs,
21reimbursement for judicial magistrates under section 602.6501,
22claims filed under section 622.93, sign language interpreters’
23fees under section 622B.7, uniform citation and complaint
24supplies under section 805.6, and costs of prosecution under
25section 815.13.
26 Sec. 3. Section 602.1302, subsection 3, Code 2019, is
27amended to read as follows:
283. A revolving fund is created in the state treasury
29for the payment of jury and witness fees, mileage, costs
30related to summoning jurors by the judicial branch, costs
31and fees related to the management and payment of oral
32language interpreters and translators in judicial branch legal
33proceedings and court-ordered programs, who shall be paid
34pursuant to section 622A.3, and sign language interpreters,
35who shall be paid pursuant to section 622B.7, and attorney
-2-1fees paid by the state public defender for counsel appointed
2pursuant to section 600A.6A. The judicial branch shall
3deposit any reimbursements to the state for the payment of
4jury and witness fees and mileage in the revolving fund. In
5each calendar quarter the judicial branch shall reimburse
6the state public defender for attorney fees paid pursuant to
7section 600A.6B. Notwithstanding section 8.33, unencumbered
8and unobligated receipts in the revolving fund at the end of
9a fiscal year do not revert to the general fund of the state.
10The judicial branch shall on or before February 1 file a
11financial accounting of the moneys in the revolving fund with
12the legislative services agency. The accounting shall include
13an estimate of disbursements from the revolving fund for the
14remainder of the fiscal year and for the next fiscal year.
15 Sec. 4. Section 622A.1, Code 2019, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 3. “Limited English proficient” means the
18inability to adequately understand or effectively communicate
19in the English language because a person’s primary language is
20a language other than English.
21 NEW SUBSECTION. 4. “Oral language interpreter” means a
22person who can accurately transfer the meaning of words or
23phrases of one oral language into the equivalent words or
24phrases of a second oral language and from a second oral
25language into the first oral language.
26 NEW SUBSECTION. 5. “Participant” means any of the
27following:
28a. A party or witness in a legal proceeding.
29b. A child who is or may be the subject of a delinquency
30petition.
31c. A parent, guardian, or custodian, whose child is or may
32be the subject of a delinquency petition.
33d. A person who is a guardian, conservator, or trustee in a
34probate case.
35 NEW SUBSECTION. 6. “Translator” means a person who can
-3-1accurately transfer the meaning of words or phrases of one
2written language into the equivalent words or phrases of a
3second written language and from a second written language into
4the first written language.
5 Sec. 5. Section 622A.2, Code 2019, is amended to read as
6follows:
7622A.2 Who entitled Limited-English-proficient persons —
8 when entitled to an oral language interpreter or a translator
9without cost.
101. Every limited-English-proficient person who cannot speak
11or understand the English language and who is a party to any
12legal proceeding or a witness therein, shall be is entitled to
13an oral language interpreter and a translator to assist such
14person throughout the proceeding. without cost when the person
15is any of the following:
16a. A participant in a legal proceeding.
17b. A party who is ordered by a court to participate in a
18mediation.
19c. A party who is ordered by a court to participate in a
20predisposition parenting program in a domestic relations case.
212. In addition to subsection 1, if a limited-English-
22proficient person is a party who is entitled to appointment
23of legal counsel in a criminal or juvenile case or the court
24otherwise determines that the limited-English-proficient person
25is a party who is indigent or cannot afford to pay for an oral
26language interpreter or a translator, the person is entitled to
27an oral language interpreter and a translator to assist such
28person without cost when the person is a party in a pending
29court case for any of the following purposes:
30a. A deposition in the party’s pending court case.
31b. A consultation with an attorney in the party’s pending
32court case.
33c. To prepare for a legal proceeding before any court.
34 Sec. 6. Section 622A.3, Code 2019, is amended by striking
35the section and inserting in lieu thereof the following:
-4- 1622A.3 Payment of oral language interpreters and translators.
21. The state court administrator shall pay an oral
3language interpreter or a translator from the revolving
4fund created in section 602.1302, subsection 3, when a
5limited-English-proficient person is entitled to an oral
6language interpreter or a translator under section 622A.2
7and the oral language interpreter services or the translator
8services are not provided before an administrative agency.
92. An administrative agency shall pay an oral language
10interpreter or a translator when a limited-English-proficient
11person is entitled to an oral language interpreter or a
12translator under section 622A.2 and the oral language
13interpreter services or the translator services are provided
14before an administrative agency.
15 Sec. 7. Section 622A.4, Code 2019, is amended to read as
16follows:
17622A.4 Fee set by court — payment or administrative agency.
18Every oral language interpreter and translator appointed
19by a court or administrative agency shall receive a fee to be
20set by the court or administrative agency. If the interpreter
21is appointed by the court in a civil case for a person who is
22indigent and unable to secure an interpreter, the fee for the
23interpreter shall be paid from the revolving fund established
24in section 602.1302, subsection 3.
25 Sec. 8. Section 622A.5, Code 2019, is amended to read as
26follows:
27622A.5 Oath.
28Every oral language interpreter and translator in any legal
29proceeding shall take the same an oath as any other witness
30 consistent with the rules the supreme court adopts under this
31chapter.
32 Sec. 9. Section 622A.6, Code 2019, is amended to read as
33follows:
34622A.6 Qualifications, neutrality, and integrity.
35Any court or administrative agency may inquire into the
-5-1qualifications, neutrality, and integrity of any oral language
2 interpreter or translator, and may disqualify any person from
3serving as an oral language interpreter or translator.
4 Sec. 10. Section 622A.7, Code 2019, is amended to read as
5follows:
6622A.7 Rules.
7The supreme court, after consultation with the commission
8of Latino affairs of the department of human rights and other
9appropriate departments, shall adopt rules governing the
10qualifications and compensation of oral language interpreters
11and translators appearing in legal proceedings before a court
12or grand jury under this chapter. However, an administrative
13agency which is subject to chapter 17A may adopt rules
14differing from those of the supreme court governing the
15qualifications and compensation of oral language interpreters
16and translators appearing in proceedings before that agency.
17 Sec. 11. Section 622A.8, Code 2019, is amended to read as
18follows:
19622A.8 Tape Electronic recording of testimony.
20A tape An electronic recording of the portion of
21proceedings where non-English testimony is given shall be
22made and maintained for one year after the entry of the final
23disposition or sentence or, if the final judgment is appealed,
24until one year after the final disposition of the appeal.
25 Sec. 12. Section 622B.1, Code 2019, is amended to read as
26follows:
27622B.1 Definitions — rules.
281. As used in this chapter, unless the context otherwise
29requires:
30a. “Administrative agency” means any department, board,
31commission, or agency of the state or any political subdivision
32of the state.
33b. “Deaf person” means an individual who uses sign language
34as the person’s primary mode of communication and who may use
35sign language interpreters to facilitate communication.
-6- 1c. “Hard-of-hearing person” means an individual who
2is unable to hear and distinguish sounds within normal
3conversational range and who needs to use speechreading,
4assistive listening devices, or oral interpreters other
5reasonable accommodations to facilitate communication.
6d. “Interpreter” means an oral interpreter or sign language
7interpreter.
8e. “Oral interpreter” means an interpreter who is fluent in
9transliterating, paraphrasing, and voicing.
10d. “Participant” means any of the following:
11(1) A party, witness, or attorney in a legal proceeding.
12(2) A child who is or may be the subject of a delinquency
13petition.
14(3) A parent, guardian, or custodian, whose child is or may
15be the subject of a delinquency petition.
16(4) A person who is a guardian, conservator, or trustee in a
17probate case.
18f. e. “Sign language interpreter” means an interpreter a
19person who is able to interpret from sign language to English
20and English to into an oral language and from an oral language
21into sign language.
222. The supreme court, after consultation with the
23department of human rights, shall adopt rules governing the
24qualifications and compensation of sign language interpreters
25appearing in a legal proceeding before a court, grand jury, or
26before an administrative agency under this chapter. However,
27an administrative agency which is subject to chapter 17A
28may adopt rules differing from those of the supreme court
29governing the qualifications and compensation of sign language
30 interpreters appearing in proceedings before that agency.
31 Sec. 13. Section 622B.2, Code 2019, is amended by striking
32the section and inserting in lieu thereof the following:
33622B.2 Sign language interpreter appointed without cost.
341. A court or administrative agency shall appoint
35a sign language interpreter without cost to a deaf or
-7-1hard-of-hearing person to interpret the proceedings to the
2deaf or hard-of-hearing person and to interpret the deaf
3or hard-of-hearing person’s testimony, unless the deaf or
4hard-of-hearing person waives the right to a sign language
5interpreter, when the deaf or hard-of-hearing person is any of
6the following:
7a. A participant in a legal proceeding.
8b. A party who is ordered by a court to participate in a
9mediation.
10c. A party who is ordered by a court to participate in a
11predisposition parenting program in a domestic relations case.
122. In addition to subsection 1, if a deaf or hard-of-hearing
13person is a party who is entitled to appointment of legal
14counsel in a criminal or juvenile case or the court otherwise
15determines that the deaf or hard-of-hearing person is a party
16who is indigent or cannot afford to pay for sign language
17interpreter services, the person is entitled to a sign language
18interpreter to assist such person without cost when the person
19is a party in a pending court case for any of the following
20purposes:
21a. A deposition in the party’s pending court case.
22b. A consultation with an attorney in the party’s pending
23court case.
24c. To prepare for a legal proceeding before any court.
25 Sec. 14. Section 622B.3, Code 2019, is amended to read as
26follows:
27622B.3 Notice of need.
28When a deaf or hard-of-hearing person is entitled to an a
29sign language interpreter, the deaf or hard-of-hearing person
30shall notify the presiding official within three days after
31receiving notice of the proceeding, stating the disability and
32requesting the services of an a sign language interpreter. If
33the deaf or hard-of-hearing person receives notification of an
34appearance less than five days prior to the proceeding, that
35person shall notify the presiding official requesting an a sign
-8-1language interpreter as soon as practicable or may apply for a
2continuance until an a sign language interpreter is appointed.
3 Sec. 15. Section 622B.4, Code 2019, is amended to read as
4follows:
5622B.4 List.
6The office of deaf services of the department of human rights
7shall prepare and continually update a listing of qualified
8and available sign language interpreters. The courts and
9administrative agencies shall maintain a directory of qualified
10sign language interpreters for deaf and hard-of-hearing
11persons as furnished by the department of human rights.
12The office of deaf services shall maintain a list of sign
13language interpreters which shall be made available to a court,
14administrative agency, or interested parties to an action using
15the services of an a sign language interpreter.
16 Sec. 16. Section 622B.5, Code 2019, is amended to read as
17follows:
18622B.5 Oath.
19Before participating in a proceeding, an a sign
20language interpreter shall take an oath that the sign
21language interpreter will make a true interpretation in an
22understandable manner to the person for whom the sign language
23 interpreter is appointed and that the sign language interpreter
24will interpret or translate the statements of the deaf or
25hard-of-hearing person to the best of the sign language
26 interpreter’s skills and judgment.
27 Sec. 17. Section 622B.6, Code 2019, is amended to read as
28follows:
29622B.6 Privileged communications.
30Communication between a deaf or hard-of-hearing person
31and a third party which is privileged under chapter 622 in
32which the sign language interpreter participates as an a sign
33language interpreter shall be privileged to the sign language
34 interpreter.
35 Sec. 18. Section 622B.7, Code 2019, is amended to read as
-9-1follows:
2622B.7 Fee.
3An A sign language interpreter appointed under this chapter
4is entitled to a reasonable fee and expenses as determined
5by the rules applying to that proceeding. This schedule
6shall be furnished to all courts and administrative agencies
7and maintained by them. If the sign language interpreter is
8appointed by the court, the fee and expenses shall be paid by
9the county and if the sign language interpreter is appointed by
10an administrative agency, the fee and expenses shall be paid
11out of funds available to the administrative agency.
12 Sec. 19. Section 622B.8, Code 2019, is amended to read as
13follows:
14622B.8 Disqualification.
15On motion of a party or on its own motion, a court or
16administrative agency shall inquire into the qualifications,
17neutrality, and integrity of an a sign language interpreter. A
18court or administrative agency may disqualify for good reason
19any person from serving as an a sign language interpreter
20in that proceeding. If an a sign language interpreter is
21disqualified, the court or administrative agency shall appoint
22another sign language interpreter.
23 Sec. 20. Section 815.9, subsection 3, Code 2019, is amended
24to read as follows:
253. If a person is granted an appointed attorney, the
26person shall be required to reimburse the state for the total
27cost of legal assistance provided to the person pursuant to
28this section. “Legal assistance” as used in this section
29shall include not only the expense of the public defender or
30an appointed attorney, but also transcripts, witness fees,
31expenses, and any other goods or services required by law to
32be provided to an indigent person entitled to an appointed
33attorney, excluding the costs and fees of oral language
34interpreters and translators, who shall be paid pursuant to
35section 622A.3, and sign language interpreters, who shall be
-10-1paid pursuant to section 622B.7.
2 Sec. 21. Section 815.11, Code 2019, is amended to read as
3follows:
4815.11 Appropriations for indigent defense — fund created.
5Costs incurred for legal representation by a court-appointed
6attorney under chapter 229A, 665, 822, or 908, or section
7232.141, subsection 3, paragraph “d”, or section 598.23A,
8600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 815.10 on
9behalf of an indigent shall be paid from moneys appropriated
10by the general assembly to the office of the state public
11defender in the department of inspections and appeals and
12deposited in an account to be known as the indigent defense
13fund. Costs incurred representing an indigent defendant in
14a contempt action, or representing an indigent juvenile in a
15juvenile court proceeding, are also payable from the fund.
16However, costs incurred in any administrative proceeding or in
17any other proceeding under this chapter or chapter 598, 600,
18600A, 633, 633A, 814, or 915 or other provisions of the Code
19or administrative rules are not payable from the fund. The
20costs and fees associated with oral language interpreters, sign
21language interpreters, or translators shall be excluded from
22this fund. The costs and fees of an oral language interpreter
23or a translator shall be paid pursuant to section 622A.3. The
24costs and fees of a sign language interpreter shall be paid
25pursuant to section 622B.7.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to oral language interpreters and
30translators for limited-English-proficient persons and sign
31language interpreters for deaf and hard-of-hearing persons.
32The bill amends Code chapter 622A, which in the bill
33provides for oral language interpreters and translators for
34limited-English-proficient persons in legal proceedings and
35court-related activities.
-11- 1The bill provides new definitions for limited English
2proficient, oral language interpreter, participant, and
3translator. The bill defines “participant” in Code chapter
4622A as a party or witness in a legal proceeding; a child who
5is or may be the subject of a delinquency petition; a parent,
6guardian, or custodian, whose child is or may be the subject
7of a delinquency petition; or a person who is a guardian,
8conservator, or trustee in a probate case.
9The bill provides that every limited-English-proficient
10person is entitled to an oral language interpreter and a
11translator to assist such person without cost when the person
12is: a participant in a legal proceeding, a party who is
13ordered by a court to participate in a mediation, or a party
14who is ordered by a court to participate in a predisposition
15parenting program in a domestic relations case. Additionally,
16if a limited-English-proficient person is a party who is
17entitled to appointment of legal counsel in a criminal or
18juvenile case or the court otherwise determines that the
19limited-English-proficient person is a party who is indigent
20or cannot afford to pay for an oral language interpreter or
21a translator, the person is entitled to an oral language
22interpreter and a translator to assist such person without cost
23when the person is a party in a pending court case for: a
24deposition in the party’s pending court case, a consultation
25with an attorney in the party’s pending court case, or to
26prepare for a legal proceeding before any court.
27The bill provides that the state court administrator
28shall pay oral language interpreters and translators from
29the revolving fund created in Code section 602.1302(3) when
30a limited-English-proficient person is entitled to an oral
31language interpreter or a translator and the oral language
32interpreter services or translator services are not provided
33before an administrative agency. The bill provides that an
34administrative agency shall pay an oral language interpreter
35or a translator when a limited-English-proficient person is
-12-1entitled to an oral language interpreter or a translator and
2the oral language interpreter services or translator services
3are provided before an administrative agency.
4The bill provides that an oral language interpreter and a
5translator in a legal proceeding shall take an oath consistent
6with rules the supreme court adopts under Code chapter 622A.
7 The bill provides that in addition to a court or administrative
8agency being able to inquire into the qualifications and
9integrity of an oral language interpreter or a translator,
10the court or administrative agency may also inquire into the
11neutrality of the oral language interpreter or translator. The
12bill amends the section of Code chapter 622A that provides
13the authorization for rulemaking to specify oral language
14interpreters and translators appearing in legal proceedings.
15The bill provides that an electronic recording of the portion
16of proceedings where non-English testimony is given shall be
17made and maintained for one year after the entry of the final
18disposition or sentence, or if the final judgment is appealed,
19until one year after the final disposition of the appeal.
20The bill also amends Code chapter 622B, which provides
21for sign language interpreters for deaf and hard-of-hearing
22persons. The bill provides a new definition for “participant”.
23The bill defines “participant” in Code chapter 622B as
24any of the following: a party, witness, or attorney in a
25legal proceeding; a child who is or may be the subject of a
26delinquency petition; a parent, guardian, or custodian, whose
27child is or may be the subject of a delinquency petition; or a
28person who is a guardian, conservator, or trustee in a probate
29case.
30The bill provides that a court or administrative agency
31shall appoint a sign language interpreter without cost to a
32deaf or hard-of-hearing person to interpret the proceedings
33to the deaf or hard-of-hearing person and to interpret the
34deaf or hard-of-hearing person’s testimony, unless the deaf
35or hard-of-hearing person waives the right to a sign language
-13-1interpreter, when the deaf or hard-of-hearing person is a
2participant in a legal proceeding, a party who is ordered
3by a court to participate in a mediation, or a party who is
4ordered by a court to participate in a predisposition parenting
5program in a domestic relations case. Additionally, if a
6deaf or hard-of-hearing person is a party who is entitled to
7appointment of legal counsel in a criminal or juvenile case or
8the court otherwise determines that the deaf or hard-of-hearing
9person is a party who is indigent or cannot afford to pay for
10sign language interpreter services, the person is entitled
11to a sign language interpreter to assist such person without
12cost when the person is a party in a pending court case for a
13deposition in the party’s pending court case, a consultation
14with an attorney in the party’s pending court case, or to
15prepare for a legal proceeding before any court.
16The bill provides that in addition to a court or
17administrative agency being able to inquire into the
18qualifications and integrity of a sign language interpreter,
19the court or administrative agency may also inquire into the
20neutrality of the sign language interpreter.
21The bill amends Code sections 232.141, 815.9, and 815.11
22to exclude the costs and fees of interpreter and translator
23services.
24First, Code section 232.141 currently provides that the
25juvenile court shall inquire into the ability of the child
26or child’s parent to pay costs including the child’s care,
27examination, treatment, legal expenses, or other expenses.
28The bill excludes from those costs the costs and fees for
29oral language interpreters, sign language interpreters, and
30translators, and requires that those persons be paid pursuant
31to Code section 622A.3 (oral language interpreters and
32translators) or 622B.7 (sign language interpreters).
33Code section 815.9 currently provides that if a person
34is granted a court-appointed attorney in a criminal case,
35the person shall reimburse the state for the total cost of
-14-1legal assistance. The bill changes the definition of legal
2assistance to exclude the costs and fees of oral language
3interpreters, sign language interpreters, and translators. The
4bill states that these persons shall be paid pursuant to Code
5section 622A.3 (oral language interpreters and translators) or
6622B.7 (sign language interpreters).
7Code section 815.11 provides appropriations for indigent
8defense. The bill provides that the costs and fees associated
9with oral language interpreters, sign language interpreters,
10or translators are excluded from this fund, and that the costs
11and fees of an oral language interpreter or a translator shall
12be paid pursuant to Code section 622A.3. The costs and fees
13of a sign language interpreter shall be paid pursuant to Code
14section 622B.7.
15Finally, the bill provides the costs for oral language
16interpreters, sign language interpreters, and translators
17pursuant to Code section 622A.3 or 622B.7 shall be paid from
18the revolving fund created in Code section 602.1302.
-15-asf/jh