Bill Text: CA AB2370 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Court interpreters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 424, Statutes of 2014. [AB2370 Detail]

Download: California-2013-AB2370-Amended.html

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BILL NUMBER: AB 2370	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 21, 2014

   An act to amend Section  68566   68561 
of the Government Code, relating to court interpreters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2370, as amended, Chau. Court interpreters. 
   Existing law provides for the regulation of court interpreters,
and requires the Judicial Council to designate the languages for
which certification programs shall be established. Any person who
interprets in a court proceeding using a language designated by the
Judicial Council is required to be a certified court interpreter for
the language used. Existing law authorizes the court, for good cause,
to appoint an interpreter who does not hold an interpreter
certificate for a designated language. Existing law authorizes a
person who interprets in a court proceeding using a language not
designated by the Judicial Council to be qualified by the court under
qualification procedures and guidelines adopted by the council.
Existing law requires interpreters to establish to the court that
they meet the requirements described above under procedures adopted
by the Judicial Council and also requires the court record to show
that the interpreter is a certified interpreter or qualified as an
interpreter for good cause or for a nondesignated language, as
specified.  
   This bill would additionally require the presiding judge in a
court proceeding, when using a qualified interpreter, to require the
name of the interpreter and a statement that he or she meets the
qualification requirements specified above to be stated on the
record. When using a certified court reporter, the bill would
require, among other things, the name of the interpreter, the status
of his or her interpreter certification, and a statement that the
interpreter's oath was administered to the interpreter, or that he or
she has an oath on file with the court, as specified, to be stated
on the record.  
   Existing law provides for the regulation of court interpreters.
Existing law designates specified persons with the title "certified
court interpreter," and prohibits the use of that title by other
persons or entities.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 68561 of the  
Government Code   is amended to read: 
   68561.  (a) Except for good cause as provided in subdivision (c),
 any   a  person who interprets in a court
proceeding using a language designated by the Judicial Council
 under   pursuant to  subdivision (a) of
Section 68562 shall be a certified court interpreter  ,  as
defined in Section 68566 ,  for the language used.
   (b) Interpreters named and maintained on the list of recommended
court interpreters  (1)  previously established by
the State Personnel Board  , or (2)   or 
established by an entity provisionally approved  under
  pursuant to  subdivision (b) of Section 
68562,   68562  shall be deemed certified 
under   pursuant to  this article until January 1,
1996. After that date, those interpreters shall not be deemed
certified unless they have complied with the procedures for
certification adopted  under   pursuant to 
subdivision (c) of Section 68562. Interpreters approved by the State
Personnel Board or any other agency or entity for use in
administrative hearings or nonjudicial settings shall not be deemed
certified as court interpreters. These interpreters  also
 shall not be used in court proceedings unless they are
qualified by the court  under   pursuant to
 subdivision (c) or (d).
   (c) A court may for good cause appoint an interpreter for a
language designated by the Judicial Council who does not hold a court
interpreter certificate. The court shall follow the good cause and
qualification procedures and guidelines adopted by the Judicial
Council.
   (d)  Any   A  person who interprets in a
court proceeding using a language not designated by the Judicial
Council shall be qualified by the court  under  
pursuant to  the qualification procedures and guidelines
adopted by the Judicial Council. If this qualified interpreter also
passes an English fluency examination offered by a testing entity
approved by the Judicial Council, this person shall be designated a
"registered interpreter."
   (e) Interpreters shall establish to the court that they meet the
requirements of this section under procedures adopted by the Judicial
Council. The court record shall show that the interpreter (1) is a
certified court interpreter as defined by Section 68566 for the
language used, or (2) was qualified by the court under subdivision
(c), after a finding of good cause, or under subdivision (d), if the
language is not designated by the Judicial Council. 
   (f) If a court uses a qualified interpreter pursuant to
subdivision (c) or (d), the presiding judge in the court proceeding
shall require the following to be stated on the record:  
   (1) The name of the qualified interpreter.  
   (2) A statement that the qualified interpreter meets the
requirements of subdivision (c) or (d).  
   (g) If a court uses a certified court interpreter, as defined by
Section 68566, the presiding judge in the court proceeding shall
require the following to be stated on the record:  
   (1) The name of the certified court interpreter, as listed on his
or her court interpreter certification.  
   (2) The status of his or her interpreter certification, including
his or her current certification number.  
   (3) A statement that the certified court interpreter has presented
photo identification or a certified interpreter identification badge
to the court.  
   (4) The language to be interpreted.  
   (5) A statement that the interpreter's oath was administered to
the certified court interpreter or that he or she has an oath on file
with the court.  
  SECTION 1.    Section 68566 of the Government Code
is amended to read:
   68566.  A natural person who either (1) holds a valid certificate
as a certified court interpreter issued by a certification entity
approved by the Judicial Council, or (2) until January 1, 1996, is
named and maintained on the list of recommended court interpreters
previously established by the State Personnel Board or established by
an entity provisionally approved under subdivision (b) of Section
68562, shall be designated a "certified court interpreter." No other
person or entity shall use the title "certified court interpreter,"
or represent that he, she, or it is certified to interpret in or for
the courts.