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  MAY 13, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 21, 2014

   An act to amend Section 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
  Existing law provides that 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   Judicial Council, and to be designated as a
registered interpreter if he or she passes an approved English
fluency examination  . 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  or registered
 court  reporter   interpreter  , the
bill would require, among other things, the name of the interpreter,
the status of his or her interpreter certification  or
registration  , 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.
   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),
a person who interprets in a court proceeding using a language
designated by the Judicial Council 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 previously established by the State Personnel
Board or established by an entity provisionally approved pursuant to
subdivision (b) of Section 68562 shall be deemed certified 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 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 shall not be used in court
proceedings unless they are qualified by the court 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) A person who interprets in a court proceeding using a language
not designated by the Judicial Council shall be qualified by the
court 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   an 
interpreter  who is qualified  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,  or a registered court interpreter,  the
 presiding  judge in the court proceeding shall
require the following to be stated on the record:
   (1) The name of the certified  or registered  court
interpreter, as listed on his or her court interpreter certification
 or registration  .
   (2) The status of his or her interpreter certification  or
registration  , including his or her current certification 
or registration  number.
   (3) A statement that the certified  or registered  court
interpreter has presented photo identification or a certified  or
registered  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  or registered  court interpreter or that he
or she has an oath on file with the court.