Amended  IN  Senate  June 26, 2023
Amended  IN  Assembly  April 06, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 432


Introduced by Assembly Member Mike Fong
(Coauthors: Assembly Members Kalra and Pacheco)

February 06, 2023


An act to add and repeal Article 4.5 (commencing with Section 68580) of Chapter 2 of Title 8 of the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 432, as amended, Mike Fong. California Court Interpreter Workforce Pilot Program.
Existing law generally requires a person who interprets in a court proceeding to be a certified court interpreter, except as specified. Existing law requires the Judicial Council to designate languages requiring certification programs and requires the Judicial Council to adopt and publish guidelines, standards, and procedures to determine which certification entities will be approved to test and certify interpreters.
This bill would create, until January 1, 2030, the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council to develop training and increase the number of eligible applicants for employment as court interpreters. The bill would require the Judicial Council, on or before September 1, 2024, to select a minimum of 4 counties, including the County of Los Angeles, to participate in the pilot program, and would require the Judicial Council to select up to 10 applicants per superior court in the program. The bill would require the Judicial Council, on or before July 1, 2025, to establish an application form and procedure for participation in the pilot program and would require the Judicial Council to begin accepting applications to the program beginning December 1, 2025. The bill would require the Judicial Council, on or before July 1, 2025, in collaboration with participating courts and designated labor organizations representing court interpreters in a county, to develop a court interpreter training program. The bill would require the training program to include, among other things, options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. The bill would require participants to agree to work for the courts for at least 3 years after successfully passing all required examinations and enrollment with the Judicial Council as a court interpreter. The bill would authorize courts to require participants to pay back the costs of training, coursework, and exam fees on a prorated basis based on the length of employment if under 3 years, except as specified. The bill would also create the California Interpreter Workforce Development Plan fund to, upon appropriation, be used by the Judicial Council for the purpose of the pilot program, including paying for the costs of training, coursework, and up to 3 interpreter exam fees for applicants.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 4.5 (commencing with Section 68580) is added to Chapter 2 of Title 8 of the Government Code, to read:
Article  4.5. California Court Interpreter Workforce Pilot Program

68580.
 There is hereby established the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council for the purpose of developing training and to increase the number of eligible applicants for employment as court interpreters.

68581.
 For the purposes of this section, the following definitions shall apply:
(a) “Applicant” means an individual who applies to participate in the pilot program.
(b) “Court interpreter” means the same as a “certified court interpreter” as described in Section 68566.
(c) “Participant” means an individual who is participating in the pilot program.
(d) “Pilot program” means the California Court Interpreter Workforce Pilot Program.

68582.
 (a) (1) On or before September 1, 2024, the Judicial Council shall select superior courts in no less than four counties, including the County of Los Angeles, to participate in the pilot program.
(2) On or before July 1, 2025, the Judicial Council shall establish an application form and procedure for participation in the pilot program.
(b) The Judicial Council shall begin accepting applications to the pilot program beginning December 1, 2025. The Judicial Council shall select up to 10 individuals per superior court, per year year, to participate in this pilot program.
(c) (1) The Judicial Council shall give first priority to applicants who will be trained to provide language services in one of the designated major languages for that county. The Judicial Council shall give secondary priority to applicants who will provide language services in any other language that is not within the four major languages for that county.
(2) If the county to which the applicant would be assigned cannot demonstrate a reasonable need for an interpreter in the language in which the applicant will be trained to provide language services, the applicant shall not be given priority.
(d) The Judicial Council may contract with a statewide labor organization representing court interpreters to assist with the development, assistance, or other services related to this pilot program.

68583.
 (a) On or before July 1, 2025, the Judicial Council shall, in collaboration with participating courts and the designated labor organization that represents court interpreters in a county, which may include a statewide labor organization, develop a court interpreter training program.
(b) The training program shall include, but is not limited to, all of the following:
(1) Options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. These options shall include any coursework or program offered by a statewide labor organization representing court interpreters, and any coursework or training offered by a California community college, state university, or University of California campus, including any extension programs. Nothing in this section shall be construed to compel the Judicial Council to develop coursework or any program or programs for the purposes of this section.
(2) (A) An agreement between the superior court and the Judicial Council for the superior court to hire the individual participant upon successful completion of the training or coursework pursuant to paragraph (1) unless the participant has secured employment at another superior court. (1), passage of the required examinations, and enrollment with the Judicial Council, subject to available funding and open positions.
(B) The agreement that the superior court hire an individual participant pursuant to this paragraph shall be contingent upon the applicant’s successful completion of a preliminary background check occurring prior to the commencement of the training program and a final background check occurring after the completion of the training program.
(3) Explanation of how the fees and other costs of the training or coursework pursuant to paragraph (1) will be wholly paid for through the pilot program.
(4) Specific timelines for coursework or training start and target completion dates.
(5) An employment plan for each participant who completes the program.
(6) Any other relevant information to ensure successful completion of coursework or training.
(c) The Judicial Council shall make the information required in paragraphs (1) through (6) of subdivision (b) readily available to each applicant.
(d) (1) Participants shall agree to work for the courts for at least three years after they successfully pass all the required examinations and enroll with the Judicial Council as a court interpreter. Participants may be required to pay back the costs of training, coursework, and exam fees on a prorated basis based on length of employment. Participants who are hired and remain employed with the court for a minimum of three years shall not be required to pay back any costs.
(2) Participants who are hired by the court for any length of time, but are subsequently laid off, terminated, or otherwise released from employment, not of their own volition or due to any fault of their own, are not required to pay back any costs for training, coursework, and exam fees. The court may waive, at its discretion, the repayment of costs of training, coursework, and interpreter exam fees if a participant leaves court employment prior to the end of three years due to a significant personal hardship.

68584.
 (a) The California Interpreter Workforce Development Plan fund is hereby created in the State Treasury. Upon appropriation by the Legislature, or from funds allocated to increase the hiring of court interpreters located in California, the moneys in the fund shall be used for the purpose of the pilot program described in this article.
(b) The costs of training, coursework, and up to three interpreter exam fees for an individual applicant shall be paid out of the California Interpreter Workforce Development Plan fund.
(c) The Judicial Council may make deductions from the fund to cover its administrative expenses for administering the pilot program.

68585.
 This article shall remain in effect only until January 1, 2030, and as of that date is repealed.