Bill Text: IA HF2558 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to interpreters for limited-English-proficient, deaf, and hard-of-hearing persons in certain court proceedings and including effective date provisions. (Formerly HSB 662; See HF 2619.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-10 - Committee report, recommending passage. H.J. 569. [HF2558 Detail]
Download: Iowa-2019-HF2558-Introduced.html
House
File
2558
-
Introduced
HOUSE
FILE
2558
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
662)
A
BILL
FOR
An
Act
relating
to
interpreters
for
limited-English-proficient,
1
deaf,
and
hard-of-hearing
persons
in
certain
court
2
proceedings
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.424,
subsection
1,
paragraph
a,
1
subparagraph
(6),
Code
2020,
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
2020,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
3.
“Limited
English
proficient”
means
the
22
inability
to
adequately
understand
or
effectively
communicate
23
in
the
English
language
because
a
person’s
primary
language
is
24
a
language
other
than
English.
25
Sec.
3.
Section
622A.2,
Code
2020,
is
amended
to
read
as
26
follows:
27
622A.2
Who
entitled
to
interpreter
Limited-English-proficient
28
persons
——
when
entitled
to
interpreter
.
29
Every
limited-English-proficient
person
who
cannot
speak
30
or
understand
the
English
language
and
who
is
a
party
to
any
31
legal
proceeding
or
a
witness
therein,
shall
be
entitled
to
an
32
interpreter
to
assist
such
person
throughout
the
proceeding.
33
Sec.
4.
Section
622A.3,
subsection
1,
unnumbered
paragraph
34
1,
Code
2020,
is
amended
to
read
as
follows:
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An
interpreter
shall
be
appointed
without
expense
to
the
1
limited-English-proficient
person
requiring
assistance
in
the
2
following
cases:
3
Sec.
5.
Section
622A.3,
subsection
2,
Code
2020,
is
amended
4
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
5
following:
6
2.
The
state
court
administrator
shall
receive,
review,
7
and
pay
fee
claims
from
an
interpreter
appointed
under
8
subsection
1
and
the
fees
shall
be
paid
from
the
revolving
9
fund
created
in
section
602.1302,
subsection
3,
when
a
10
limited-English-proficient
person
is
entitled
to
an
interpreter
11
under
section
622A.2
and
the
interpreter
services
are
not
12
provided
before
an
administrative
agency.
In
civil
cases,
13
every
court
shall
tax
the
costs
of
an
interpreter
the
same
as
14
other
court
costs.
In
criminal
cases,
where
the
defendant
is
15
indigent,
the
interpreter
shall
be
considered
as
a
defendant’s
16
witness
under
rule
of
criminal
procedure
2.15
for
the
purpose
17
of
receiving
fees,
except
that
subpoenas
shall
not
be
required.
18
Sec.
6.
Section
622A.3,
Code
2020,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
2A.
An
administrative
agency
shall
pay
21
an
interpreter
when
a
limited-English-proficient
person
22
is
entitled
to
an
interpreter
under
section
622A.2
and
the
23
interpreter
services
are
provided
before
an
administrative
24
agency.
The
agency
may
require
that
the
party
to
the
25
proceeding
pay
the
expense
of
the
interpreter.
26
Sec.
7.
Section
622A.4,
Code
2020,
is
amended
to
read
as
27
follows:
28
622A.4
Fee
set
by
court
——
payment
or
administrative
agency
.
29
Every
interpreter
appointed
by
a
court
or
administrative
30
agency
shall
receive
a
fee
to
be
set
by
the
court
or
31
administrative
agency.
If
the
interpreter
is
appointed
by
the
32
court
in
a
civil
case
for
a
person
who
is
indigent
and
unable
33
to
secure
an
interpreter,
the
fee
for
the
interpreter
shall
be
34
paid
from
the
revolving
fund
established
in
section
602.1302,
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subsection
3
.
1
Sec.
8.
Section
622A.5,
Code
2020,
is
amended
to
read
as
2
follows:
3
622A.5
Oath.
4
Every
interpreter
in
any
legal
proceeding
shall
take
the
5
same
an
oath
as
any
other
witness
consistent
with
the
rules
the
6
supreme
court
adopts
under
this
chapter
.
7
Sec.
9.
Section
622A.6,
Code
2020,
is
amended
to
read
as
8
follows:
9
622A.6
Qualifications
,
neutrality,
and
integrity.
10
Any
court
or
administrative
agency
may
inquire
into
the
11
qualifications
,
neutrality,
and
integrity
of
any
interpreter,
12
and
may
disqualify
any
person
from
serving
as
an
interpreter.
13
Sec.
10.
Section
622A.7,
Code
2020,
is
amended
to
read
as
14
follows:
15
622A.7
Rules.
16
The
supreme
court,
after
consultation
with
the
commission
17
of
Latino
affairs
of
the
department
of
human
rights
and
other
18
appropriate
departments,
shall
adopt
rules
governing
the
19
qualifications
and
compensation
of
interpreters
appearing
in
20
legal
proceedings
before
a
court
or
grand
jury
under
this
21
chapter
.
However,
an
administrative
agency
which
is
subject
22
to
chapter
17A
may
adopt
rules
differing
from
those
of
the
23
supreme
court
governing
the
qualifications
and
compensation
of
24
interpreters
appearing
in
proceedings
before
that
agency.
25
Sec.
11.
Section
622A.8,
Code
2020,
is
amended
to
read
as
26
follows:
27
622A.8
Tape
Electronic
recording
of
testimony
.
28
A
tape
An
electronic
recording
of
the
portion
of
29
proceedings
where
non-English
testimony
is
given
shall
be
30
made
and
maintained
for
one
year
after
the
entry
of
the
final
31
disposition
or
sentence
or,
if
the
final
judgment
is
appealed,
32
until
one
year
after
the
final
disposition
of
the
appeal
.
33
Sec.
12.
NEW
SECTION
.
622A.9
Privileged
communications.
34
Communications
between
a
limited-English-proficient
person
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and
a
third
party
which
are
privileged
under
chapter
622
in
1
which
an
interpreter
participates
as
an
interpreter
shall
be
2
privileged
with
regard
to
the
interpreter.
3
Sec.
13.
Section
622B.1,
Code
2020,
is
amended
to
read
as
4
follows:
5
622B.1
Definitions
——
rules.
6
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
7
requires:
8
a.
“Administrative
agency”
means
any
department,
board,
9
commission,
or
agency
of
the
state
or
any
political
subdivision
10
of
the
state.
11
b.
“Deaf
person”
means
an
individual
who
uses
sign
language
12
as
the
person’s
primary
mode
of
communication
and
who
may
use
13
sign
language
interpreters
to
facilitate
communication.
14
c.
“Hard-of-hearing
person”
means
an
individual
who
15
is
unable
to
hear
and
distinguish
sounds
within
normal
16
conversational
range
and
who
needs
to
use
speechreading,
17
assistive
listening
devices,
or
oral
interpreters
other
18
reasonable
accommodations
to
facilitate
communication.
19
d.
“Interpreter”
means
an
oral
interpreter
or
sign
language
20
interpreter.
21
e.
“Oral
interpreter”
means
an
interpreter
who
is
fluent
in
22
transliterating,
paraphrasing,
and
voicing.
23
f.
d.
“Sign
language
interpreter”
means
an
interpreter
a
24
person
who
is
able
to
interpret
from
sign
language
to
English
25
and
English
to
into
an
oral
language
and
from
an
oral
language
26
into
sign
language.
27
2.
The
supreme
court,
after
consultation
with
the
28
department
of
human
rights,
shall
adopt
rules
governing
the
29
qualifications
and
compensation
of
sign
language
interpreters
30
appearing
in
a
legal
proceeding
before
a
court,
grand
jury,
or
31
before
an
administrative
agency
under
this
chapter
.
However,
32
an
administrative
agency
which
is
subject
to
chapter
17A
33
may
adopt
rules
differing
from
those
of
the
supreme
court
34
governing
the
qualifications
and
compensation
of
sign
language
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interpreters
appearing
in
proceedings
before
that
agency.
1
Sec.
14.
Section
622B.2,
Code
2020,
is
amended
to
read
as
2
follows:
3
622B.2
Interpreter
appointed.
4
If
a
deaf
or
hard-of-hearing
person
is
a
party
to,
a
witness
5
at,
or
a
participant
in
a
proceeding
before
a
grand
jury,
6
court,
or
administrative
agency
of
this
state,
the
court
7
or
administrative
agency
shall
appoint
an
a
sign
language
8
interpreter
without
expense
to
the
deaf
or
hard-of-hearing
9
person
to
interpret
or
translate
the
proceedings
to
the
deaf
10
or
hard-of-hearing
person
and
to
interpret
or
translate
the
11
person’s
testimony
unless
the
deaf
or
hard-of-hearing
person
12
waives
the
right
to
an
a
sign
language
interpreter.
13
Sec.
15.
Section
622B.3,
Code
2020,
is
amended
to
read
as
14
follows:
15
622B.3
Notice
of
need.
16
When
a
deaf
or
hard-of-hearing
person
is
entitled
to
an
a
17
sign
language
interpreter,
the
deaf
or
hard-of-hearing
person
18
shall
notify
the
presiding
official
within
three
days
after
19
receiving
notice
of
the
proceeding,
stating
the
disability
and
20
requesting
the
services
of
an
a
sign
language
interpreter.
If
21
the
deaf
or
hard-of-hearing
person
receives
notification
of
an
22
appearance
less
than
five
days
prior
to
the
proceeding,
that
23
person
shall
notify
the
presiding
official
requesting
an
a
sign
24
language
interpreter
as
soon
as
practicable
or
may
apply
for
a
25
continuance
until
an
a
sign
language
interpreter
is
appointed.
26
Sec.
16.
Section
622B.4,
Code
2020,
is
amended
to
read
as
27
follows:
28
622B.4
List.
29
The
office
of
deaf
services
of
the
department
of
human
rights
30
shall
prepare
and
continually
update
a
listing
of
qualified
31
and
available
sign
language
interpreters.
The
courts
and
32
administrative
agencies
shall
maintain
a
directory
of
qualified
33
interpreters
for
deaf
and
hard-of-hearing
persons
as
furnished
34
by
the
department
of
human
rights.
The
office
of
deaf
services
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shall
maintain
a
list
of
sign
language
interpreters
which
1
shall
be
made
available
to
a
court,
administrative
agency,
or
2
interested
parties
to
an
action
using
the
services
of
an
a
sign
3
language
interpreter.
4
Sec.
17.
Section
622B.5,
Code
2020,
is
amended
to
read
as
5
follows:
6
622B.5
Oath.
7
Before
participating
in
a
proceeding,
an
a
sign
8
language
interpreter
shall
take
an
oath
that
the
sign
9
language
interpreter
will
make
a
true
interpretation
in
an
10
understandable
manner
to
the
person
for
whom
the
sign
language
11
interpreter
is
appointed
and
that
the
sign
language
interpreter
12
will
interpret
or
translate
the
statements
of
the
deaf
or
13
hard-of-hearing
person
to
the
best
of
the
sign
language
14
interpreter’s
skills
and
judgment.
15
Sec.
18.
Section
622B.6,
Code
2020,
is
amended
to
read
as
16
follows:
17
622B.6
Privileged
communications
.
18
Communication
between
a
deaf
or
hard-of-hearing
person
19
and
a
third
party
which
is
privileged
under
chapter
622
in
20
which
the
sign
language
interpreter
participates
as
an
a
sign
21
language
interpreter
shall
be
privileged
to
the
sign
language
22
interpreter.
23
Sec.
19.
Section
622B.7,
Code
2020,
is
amended
to
read
as
24
follows:
25
622B.7
Fee.
26
An
A
sign
language
interpreter
appointed
under
this
chapter
27
is
entitled
to
a
reasonable
fee
and
expenses
as
determined
28
by
the
rules
applying
to
that
proceeding.
This
schedule
29
shall
be
furnished
to
all
courts
and
administrative
agencies
30
and
maintained
by
them.
If
the
sign
language
interpreter
is
31
appointed
by
the
court,
the
fee
and
expenses
shall
be
paid
by
32
the
county
and
if
the
sign
language
interpreter
is
appointed
by
33
an
administrative
agency,
the
fee
and
expenses
shall
be
paid
34
out
of
funds
available
to
the
administrative
agency.
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Sec.
20.
Section
622B.8,
Code
2020,
is
amended
to
read
as
1
follows:
2
622B.8
Disqualification.
3
On
motion
of
a
party
or
on
its
own
motion,
a
court
or
4
administrative
agency
shall
inquire
into
the
qualifications
,
5
neutrality,
and
integrity
of
an
a
sign
language
interpreter.
A
6
court
or
administrative
agency
may
disqualify
for
good
reason
7
any
person
from
serving
as
an
a
sign
language
interpreter
8
in
that
proceeding.
If
an
a
sign
language
interpreter
is
9
disqualified,
the
court
or
administrative
agency
shall
appoint
10
another
sign
language
interpreter.
11
Sec.
21.
Section
815.11,
Code
2020,
is
amended
to
read
as
12
follows:
13
815.11
Appropriations
for
indigent
defense
——
fund
created.
14
1.
Costs
incurred
for
legal
representation
by
a
15
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
16
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
17
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
18
815.10
on
behalf
of
an
indigent
shall
be
paid
from
moneys
19
appropriated
by
the
general
assembly
to
the
office
of
the
20
state
public
defender
in
the
department
of
inspections
and
21
appeals
and
deposited
in
an
account
to
be
known
as
the
indigent
22
defense
fund
,
except
as
provided
in
subsection
2
.
Costs
23
incurred
representing
an
indigent
defendant
in
a
contempt
24
action,
or
representing
an
indigent
juvenile
in
a
juvenile
25
court
proceeding,
are
also
payable
from
the
fund.
However,
26
costs
incurred
in
any
administrative
proceeding
or
in
any
27
other
proceeding
under
this
chapter
or
chapter
598
,
600
,
600A
,
28
633
,
633A
,
814
,
or
915
or
other
provisions
of
the
Code
or
29
administrative
rules
are
not
payable
from
the
fund.
30
2.
The
costs
and
fees
associated
with
interpreters
31
are
not
payable
from
this
fund.
The
costs
and
fees
of
an
32
interpreter
shall
be
paid
pursuant
to
section
622A.3
from
33
moneys
appropriated
by
the
general
assembly
to
the
judicial
34
branch
revolving
fund
created
pursuant
to
section
602.1302,
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subsection
3.
1
Sec.
22.
EFFECTIVE
DATE.
This
Act
takes
effect
October
1,
2
2020.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
interpreters
for
7
limited-English-proficient
persons
and
sign
language
8
interpreters
for
deaf
and
hard-of-hearing
persons.
9
The
bill
amends
Code
chapter
622A,
which
in
the
bill
provides
10
for
interpreters
for
limited-English-proficient
persons
in
11
legal
proceedings.
12
The
bill
defines
“limited
English
proficient”
to
mean
the
13
inability
to
adequately
understand
or
effectively
communicate
14
in
the
English
language
because
a
person’s
primary
language
is
15
a
language
other
than
English.
16
The
bill
provides
that
the
state
court
administrator
17
shall
receive,
review,
and
pay
fee
claims
for
interpreters
18
from
the
revolving
fund
created
in
Code
section
602.1302(3)
19
when
a
limited-English-proficient
person
is
entitled
to
an
20
interpreter
and
the
interpreter
services
are
not
provided
21
before
an
administrative
agency.
The
bill
provides
that
in
22
civil
cases,
every
court
shall
tax
the
costs
of
an
interpreter
23
the
same
as
other
court
costs.
In
criminal
cases,
the
bill
24
provides
that
where
the
defendant
is
indigent,
the
interpreter
25
shall
be
considered
as
a
defendant’s
witness
under
rule
of
26
criminal
procedure
2.15
for
the
purpose
of
receiving
fees,
27
except
that
subpoenas
are
not
required.
The
bill
provides
28
that
an
administrative
agency
shall
pay
an
interpreter
29
when
a
limited-English-proficient
person
is
entitled
to
an
30
interpreter
and
the
interpreter
services
are
provided
before
31
an
administrative
agency.
The
bill
provides
that
the
agency
32
may
require
that
the
party
to
the
proceeding
pay
the
expense
33
of
the
interpreter.
34
The
bill
provides
that
an
interpreter
in
a
legal
proceeding
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shall
take
an
oath
consistent
with
rules
the
supreme
court
1
adopts
under
Code
chapter
622A.
The
bill
provides
that
2
in
addition
to
a
court
or
administrative
agency
being
able
3
to
inquire
into
the
qualifications
and
integrity
of
an
4
interpreter,
the
court
or
administrative
agency
may
also
5
inquire
into
the
neutrality
of
the
interpreter.
The
bill
6
amends
the
section
of
Code
chapter
622A
that
provides
the
7
authorization
for
rulemaking
to
specify
interpreters
appearing
8
in
legal
proceedings.
The
bill
provides
that
an
electronic
9
recording
of
the
portion
of
proceedings
where
non-English
10
testimony
is
given
shall
be
made
and
maintained
for
one
year
11
after
the
entry
of
the
final
disposition
or
sentence,
or
if
12
the
final
judgment
is
appealed,
until
one
year
after
the
final
13
disposition
of
the
appeal.
14
The
bill
provides
that
communications
between
a
15
limited-English-proficient
person
and
a
third
party
which
are
16
privileged
under
Code
chapter
622
in
which
an
interpreter
17
participates
as
an
interpreter
shall
be
privileged
with
regard
18
to
the
interpreter.
19
The
bill
also
amends
Code
chapter
622B,
which
provides
20
for
sign
language
interpreters
for
deaf
and
hard-of-hearing
21
persons.
22
The
bill
provides
that
in
addition
to
a
court
or
23
administrative
agency
being
able
to
inquire
into
the
24
qualifications
and
integrity
of
a
sign
language
interpreter,
25
the
court
or
administrative
agency
may
also
inquire
into
the
26
neutrality
of
the
sign
language
interpreter.
27
Code
section
815.11
provides
appropriations
for
indigent
28
defense.
The
bill
provides
that
costs
and
fees
associated
29
with
interpreters
are
not
payable
from
the
indigent
defense
30
fund.
The
result
of
the
bill,
in
part,
is
that
the
judicial
31
branch,
through
the
state
court
administrator,
is
to
assume
32
responsibility
for
the
review
and
payment
of
interpreter
and
33
translator
claims
formerly
paid
from
the
indigent
defense
fund.
34
The
bill
takes
effect
October
1,
2020.
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