Bill Text: IA HF2619 | 2019-2020 | 88th General Assembly | Introduced

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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 HF 2558, HSB 662.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-03-11 - Introduced, placed on Ways and Means calendar. H.J. 571. [HF2619 Detail]

Download: Iowa-2019-HF2619-Introduced.html

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House File 2619 - Introduced
HOUSE FILE 2619
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2558)
(SUCCESSOR TO HSB 662)
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 331.424, subsection 1, paragraph a,
subparagraph (6), Code 2020, is amended to read as follows:
(6) The maintenance and operation of the courts, including
but not limited to the salary and expenses of the clerk of the
district court and other employees of the clerk’s office, and
bailiffs, court costs if the prosecution fails or if the costs
cannot be collected from the person liable, costs and expenses
of prosecution under section 189A.17 , salaries and expenses
of juvenile court officers under chapter 602 , court-ordered
costs in domestic abuse cases under section 236.5 , sexual abuse
cases under section 236A.7 , and elder abuse cases under section
235F.6 , the county’s expense for confinement of prisoners under
chapter 356A , temporary assistance to the county attorney,
county contributions to a retirement system for bailiffs,
reimbursement for judicial magistrates under section 602.6501 ,
claims filed under section 622.93 , sign language interpreters’
fees under section 622B.7 , uniform citation and complaint
supplies under section 805.6 , and costs of prosecution under
section 815.13 .
Sec. 2. Section 622A.1, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. “Limited English proficient” means the
inability to adequately understand or effectively communicate
in the English language because a person’s primary language is
a language other than English.
Sec. 3. Section 622A.2, Code 2020, is amended to read as
follows:
622A.2 Who entitled to interpreter Limited-English-proficient
persons —— when entitled to interpreter .
Every limited-English-proficient person who cannot speak
or understand the English language and who is a party to any
legal proceeding or a witness therein, shall be entitled to an
interpreter to assist such person throughout the proceeding.
Sec. 4. Section 622A.3, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
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An interpreter shall be appointed without expense to the
limited-English-proficient person requiring assistance in the
following cases:
Sec. 5. Section 622A.3, subsection 2, Code 2020, is amended
by striking the subsection and inserting in lieu thereof the
following:
2. The state court administrator shall receive, review,
and pay fee claims from an interpreter appointed under
subsection 1 and the fees shall be paid from the revolving
fund created in section 602.1302, subsection 3, when a
limited-English-proficient person is entitled to an interpreter
under section 622A.2 and the interpreter services are not
provided before an administrative agency. In civil cases,
every court shall tax the costs of an interpreter the same as
other court costs. In criminal cases, where the defendant is
indigent, the interpreter shall be considered as a defendant’s
witness under rule of criminal procedure 2.15 for the purpose
of receiving fees, except that subpoenas shall not be required.
Sec. 6. Section 622A.3, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 2A. An administrative agency shall pay
an interpreter when a limited-English-proficient person
is entitled to an interpreter under section 622A.2 and the
interpreter services are provided before an administrative
agency. The agency may require that the party to the
proceeding pay the expense of the interpreter.
Sec. 7. Section 622A.4, Code 2020, is amended to read as
follows:
622A.4 Fee set by court —— payment or administrative agency .
Every interpreter appointed by a court or administrative
agency shall receive a fee to be set by the court or
administrative agency. If the interpreter is appointed by the
court in a civil case for a person who is indigent and unable
to secure an interpreter, the fee for the interpreter shall be
paid from the revolving fund established in section 602.1302,
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subsection 3 .
Sec. 8. Section 622A.5, Code 2020, is amended to read as
follows:
622A.5 Oath.
Every interpreter in any legal proceeding shall take the
same an oath as any other witness consistent with the rules the
supreme court adopts under this chapter .
Sec. 9. Section 622A.6, Code 2020, is amended to read as
follows:
622A.6 Qualifications , neutrality, and integrity.
Any court or administrative agency may inquire into the
qualifications , neutrality, and integrity of any interpreter,
and may disqualify any person from serving as an interpreter.
Sec. 10. Section 622A.7, Code 2020, is amended to read as
follows:
622A.7 Rules.
The supreme court, after consultation with the commission
of Latino affairs of the department of human rights and other
appropriate departments, shall adopt rules governing the
qualifications and compensation of interpreters appearing in
legal proceedings before a court or grand jury under this
chapter . However, an administrative agency which is subject
to chapter 17A may adopt rules differing from those of the
supreme court governing the qualifications and compensation of
interpreters appearing in proceedings before that agency.
Sec. 11. Section 622A.8, Code 2020, is amended to read as
follows:
622A.8 Tape Electronic recording of testimony .
A tape An electronic recording of the portion of
proceedings where non-English testimony is given shall be
made and maintained for one year after the entry of the final
disposition or sentence or, if the final judgment is appealed,
until one year after the final disposition of the appeal .
Sec. 12. NEW SECTION . 622A.9 Privileged communications.
Communications between a limited-English-proficient person
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and a third party which are privileged under chapter 622 in
which an interpreter participates as an interpreter shall be
privileged with regard to the interpreter.
Sec. 13. Section 622B.1, Code 2020, is amended to read as
follows:
622B.1 Definitions —— rules.
1. As used in this chapter , unless the context otherwise
requires:
a. “Administrative agency” means any department, board,
commission, or agency of the state or any political subdivision
of the state.
b. “Deaf person” means an individual who uses sign language
as the person’s primary mode of communication and who may use
sign language interpreters to facilitate communication.
c. “Hard-of-hearing person” means an individual who
is unable to hear and distinguish sounds within normal
conversational range and who needs to use speechreading,
assistive listening devices, or oral interpreters other
reasonable accommodations to facilitate communication.
d. “Interpreter” means an oral interpreter or sign language
interpreter.
e. “Oral interpreter” means an interpreter who is fluent in
transliterating, paraphrasing, and voicing.
f. d. “Sign language interpreter” means an interpreter a
person who is able to interpret from sign language to English
and English to into an oral language and from an oral language
into sign language.
2. The supreme court, after consultation with the
department of human rights, shall adopt rules governing the
qualifications and compensation of sign language interpreters
appearing in a legal proceeding before a court, grand jury, or
before an administrative agency under this chapter . However,
an administrative agency which is subject to chapter 17A
may adopt rules differing from those of the supreme court
governing the qualifications and compensation of sign language
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interpreters appearing in proceedings before that agency.
Sec. 14. Section 622B.2, Code 2020, is amended to read as
follows:
622B.2 Interpreter appointed.
If a deaf or hard-of-hearing person is a party to, a witness
at, or a participant in a proceeding before a grand jury,
court, or administrative agency of this state, the court
or administrative agency shall appoint an a sign language
interpreter without expense to the deaf or hard-of-hearing
person to interpret or translate the proceedings to the deaf
or hard-of-hearing person and to interpret or translate the
person’s testimony unless the deaf or hard-of-hearing person
waives the right to an a sign language interpreter.
Sec. 15. Section 622B.3, Code 2020, is amended to read as
follows:
622B.3 Notice of need.
When a deaf or hard-of-hearing person is entitled to an a
sign language interpreter, the deaf or hard-of-hearing person
shall notify the presiding official within three days after
receiving notice of the proceeding, stating the disability and
requesting the services of an a sign language interpreter. If
the deaf or hard-of-hearing person receives notification of an
appearance less than five days prior to the proceeding, that
person shall notify the presiding official requesting an a sign
language interpreter as soon as practicable or may apply for a
continuance until an a sign language interpreter is appointed.
Sec. 16. Section 622B.4, Code 2020, is amended to read as
follows:
622B.4 List.
The office of deaf services of the department of human rights
shall prepare and continually update a listing of qualified
and available sign language interpreters. The courts and
administrative agencies shall maintain a directory of qualified
interpreters for deaf and hard-of-hearing persons as furnished
by the department of human rights. The office of deaf services
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shall maintain a list of sign language interpreters which
shall be made available to a court, administrative agency, or
interested parties to an action using the services of an a sign
language interpreter.
Sec. 17. Section 622B.5, Code 2020, is amended to read as
follows:
622B.5 Oath.
Before participating in a proceeding, an a sign
language interpreter shall take an oath that the sign
language interpreter will make a true interpretation in an
understandable manner to the person for whom the sign language
interpreter is appointed and that the sign language interpreter
will interpret or translate the statements of the deaf or
hard-of-hearing person to the best of the sign language
interpreter’s skills and judgment.
Sec. 18. Section 622B.6, Code 2020, is amended to read as
follows:
622B.6 Privileged communications .
Communication between a deaf or hard-of-hearing person
and a third party which is privileged under chapter 622 in
which the sign language interpreter participates as an a sign
language interpreter shall be privileged to the sign language
interpreter.
Sec. 19. Section 622B.7, Code 2020, is amended to read as
follows:
622B.7 Fee.
An A sign language interpreter appointed under this chapter
is entitled to a reasonable fee and expenses as determined
by the rules applying to that proceeding. This schedule
shall be furnished to all courts and administrative agencies
and maintained by them. If the sign language interpreter is
appointed by the court, the fee and expenses shall be paid by
the county and if the sign language interpreter is appointed by
an administrative agency, the fee and expenses shall be paid
out of funds available to the administrative agency.
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Sec. 20. Section 622B.8, Code 2020, is amended to read as
follows:
622B.8 Disqualification.
On motion of a party or on its own motion, a court or
administrative agency shall inquire into the qualifications ,
neutrality, and integrity of an a sign language interpreter. A
court or administrative agency may disqualify for good reason
any person from serving as an a sign language interpreter
in that proceeding. If an a sign language interpreter is
disqualified, the court or administrative agency shall appoint
another sign language interpreter.
Sec. 21. Section 815.11, Code 2020, is amended to read as
follows:
815.11 Appropriations for indigent defense —— fund created.
1. Costs incurred for legal representation by a
court-appointed attorney under chapter 229A , 665 , 822 , or 908 ,
or section 232.141, subsection 3 , paragraph “d” , or section
598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or
815.10 on behalf of an indigent shall be paid from moneys
appropriated by the general assembly to the office of the
state public defender in the department of inspections and
appeals and deposited in an account to be known as the indigent
defense fund , except as provided in subsection 2 . Costs
incurred representing an indigent defendant in a contempt
action, or representing an indigent juvenile in a juvenile
court proceeding, are also payable from the fund. However,
costs incurred in any administrative proceeding or in any
other proceeding under this chapter or chapter 598 , 600 , 600A ,
633 , 633A , 814 , or 915 or other provisions of the Code or
administrative rules are not payable from the fund.
2. The costs and fees associated with interpreters
are not payable from this fund. The costs and fees of an
interpreter shall be paid pursuant to section 622A.3 from
moneys appropriated by the general assembly to the judicial
branch revolving fund created pursuant to section 602.1302,
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subsection 3.
Sec. 22. EFFECTIVE DATE. This Act takes effect October 1,
2020.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to interpreters for
limited-English-proficient persons and sign language
interpreters for deaf and hard-of-hearing persons.
The bill amends Code chapter 622A, which in the bill provides
for interpreters for limited-English-proficient persons in
legal proceedings.
The bill defines “limited English proficient” to mean the
inability to adequately understand or effectively communicate
in the English language because a person’s primary language is
a language other than English.
The bill provides that the state court administrator
shall receive, review, and pay fee claims for interpreters
from the revolving fund created in Code section 602.1302(3)
when a limited-English-proficient person is entitled to an
interpreter and the interpreter services are not provided
before an administrative agency. The bill provides that in
civil cases, every court shall tax the costs of an interpreter
the same as other court costs. In criminal cases, the bill
provides that where the defendant is indigent, the interpreter
shall be considered as a defendant’s witness under rule of
criminal procedure 2.15 for the purpose of receiving fees,
except that subpoenas are not required. The bill provides
that an administrative agency shall pay an interpreter
when a limited-English-proficient person is entitled to an
interpreter and the interpreter services are provided before
an administrative agency. The bill provides that the agency
may require that the party to the proceeding pay the expense
of the interpreter.
The bill provides that an interpreter in a legal proceeding
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shall take an oath consistent with rules the supreme court
adopts under Code chapter 622A. The bill provides that
in addition to a court or administrative agency being able
to inquire into the qualifications and integrity of an
interpreter, the court or administrative agency may also
inquire into the neutrality of the interpreter. The bill
amends the section of Code chapter 622A that provides the
authorization for rulemaking to specify interpreters appearing
in legal proceedings. The bill provides that an electronic
recording of the portion of proceedings where non-English
testimony is given shall be made and maintained for one year
after the entry of the final disposition or sentence, or if
the final judgment is appealed, until one year after the final
disposition of the appeal.
The bill provides that communications between a
limited-English-proficient person and a third party which are
privileged under Code chapter 622 in which an interpreter
participates as an interpreter shall be privileged with regard
to the interpreter.
The bill also amends Code chapter 622B, which provides
for sign language interpreters for deaf and hard-of-hearing
persons.
The bill provides that in addition to a court or
administrative agency being able to inquire into the
qualifications and integrity of a sign language interpreter,
the court or administrative agency may also inquire into the
neutrality of the sign language interpreter.
Code section 815.11 provides appropriations for indigent
defense. The bill provides that costs and fees associated
with interpreters are not payable from the indigent defense
fund. The result of the bill, in part, is that the judicial
branch, through the state court administrator, is to assume
responsibility for the review and payment of interpreter and
translator claims formerly paid from the indigent defense fund.
The bill takes effect October 1, 2020.
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