Bill Text: IA HF671 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to state-funded interpreters and translators for limited-English-proficient, deaf, and hard-of-hearing persons in certain court proceedings and court-related activities. (Formerly HSB 195.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Gustafson, Hite and Wilburn. H.J. 79. [HF671 Detail]
Download: Iowa-2019-HF671-Introduced.html
House
File
671
-
Introduced
HOUSE
FILE
671
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
195)
A
BILL
FOR
An
Act
relating
to
state-funded
interpreters
and
translators
1
for
limited-English-proficient,
deaf,
and
hard-of-hearing
2
persons
in
certain
court
proceedings
and
court-related
3
activities.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
232.141,
subsections
1
and
2,
Code
2019,
1
are
amended
to
read
as
follows:
2
1.
Except
as
otherwise
provided
by
law,
the
court
shall
3
inquire
into
the
ability
of
the
child
or
the
child’s
parent
4
to
pay
expenses
incurred
pursuant
to
subsections
2,
4,
and
8
.
5
After
giving
the
parent
a
reasonable
opportunity
to
be
heard,
6
the
court
may
order
the
parent
to
pay
all
or
part
of
the
costs
7
of
the
child’s
care,
examination,
treatment,
legal
expenses,
or
8
other
expenses
,
excluding
the
costs
and
fees
of
oral
language
9
interpreters
and
translators,
who
shall
be
paid
pursuant
to
10
section
622A.3,
and
sign
language
interpreters,
who
shall
be
11
paid
pursuant
to
section
622B.7
.
An
order
entered
under
this
12
section
does
not
obligate
a
parent
paying
child
support
under
a
13
custody
decree,
except
that
part
of
the
monthly
support
payment
14
may
be
used
to
satisfy
the
obligations
imposed
by
the
order
15
entered
pursuant
to
this
section
.
If
a
parent
fails
to
pay
as
16
ordered,
without
good
reason,
the
court
may
proceed
against
17
the
parent
for
contempt
and
may
inform
the
county
attorney
who
18
shall
proceed
against
the
parent
to
collect
the
unpaid
amount.
19
Any
payment
ordered
by
the
court
shall
be
a
judgment
against
20
each
of
the
child’s
parents
and
a
lien
as
provided
in
section
21
624.23
.
If
all
or
part
of
the
amount
that
the
parents
are
22
ordered
to
pay
is
subsequently
paid
by
the
county
or
state,
23
the
judgment
and
lien
shall
thereafter
be
against
each
of
the
24
parents
in
favor
of
the
county
to
the
extent
of
the
county’s
25
payments
and
in
favor
of
the
state
to
the
extent
of
the
state’s
26
payments.
27
2.
All
of
the
following
juvenile
court
expenses
are
a
charge
28
upon
the
county
in
which
the
proceedings
are
held,
to
the
29
extent
provided
in
subsection
3
:
30
a.
Juvenile
court
expenses
incurred
by
an
attorney
appointed
31
by
the
court
to
serve
as
counsel
to
any
party
or
to
serve
as
a
32
guardian
ad
litem
for
any
child,
including
fees
and
expenses
33
for
foreign
language
interpreters,
costs
of
depositions
and
34
transcripts,
fees
and
mileage
of
witnesses,
and
the
expenses
of
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officers
serving
notices
and
subpoenas.
1
b.
Reasonable
compensation
for
an
attorney
appointed
by
the
2
court
to
serve
as
counsel
to
any
party
or
as
guardian
ad
litem
3
for
any
child
in
juvenile
court.
4
c.
Fees
and
expenses
incurred
by
the
juvenile
court
for
5
foreign
language
interpreters
for
court
proceedings.
6
Sec.
2.
Section
331.424,
subsection
1,
paragraph
a,
7
subparagraph
(6),
Code
2019,
is
amended
to
read
as
follows:
8
(6)
The
maintenance
and
operation
of
the
courts,
including
9
but
not
limited
to
the
salary
and
expenses
of
the
clerk
of
the
10
district
court
and
other
employees
of
the
clerk’s
office,
and
11
bailiffs,
court
costs
if
the
prosecution
fails
or
if
the
costs
12
cannot
be
collected
from
the
person
liable,
costs
and
expenses
13
of
prosecution
under
section
189A.17
,
salaries
and
expenses
14
of
juvenile
court
officers
under
chapter
602
,
court-ordered
15
costs
in
domestic
abuse
cases
under
section
236.5
,
sexual
abuse
16
cases
under
section
236A.7
,
and
elder
abuse
cases
under
section
17
235F.6
,
the
county’s
expense
for
confinement
of
prisoners
under
18
chapter
356A
,
temporary
assistance
to
the
county
attorney,
19
county
contributions
to
a
retirement
system
for
bailiffs,
20
reimbursement
for
judicial
magistrates
under
section
602.6501
,
21
claims
filed
under
section
622.93
,
sign
language
interpreters’
22
fees
under
section
622B.7
,
uniform
citation
and
complaint
23
supplies
under
section
805.6
,
and
costs
of
prosecution
under
24
section
815.13
.
25
Sec.
3.
Section
602.1302,
subsection
3,
Code
2019,
is
26
amended
to
read
as
follows:
27
3.
A
revolving
fund
is
created
in
the
state
treasury
for
28
the
payment
of
jury
and
witness
fees,
mileage,
costs
related
to
29
summoning
jurors
by
the
judicial
branch,
costs
and
fees
related
30
to
the
management
and
payment
of
interpreters
and
translators
31
in
judicial
branch
legal
proceedings
and
court-ordered
32
programs,
including
the
costs
and
fees
for
oral
language
33
interpreters
and
translators
assigned
for
criminal
defense,
and
34
attorney
fees
paid
by
the
state
public
defender
for
counsel
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appointed
pursuant
to
section
600A.6A
.
The
judicial
branch
1
shall
deposit
any
reimbursements
to
the
state
for
the
payment
2
of
jury
and
witness
fees
and
mileage
in
the
revolving
fund.
3
In
each
calendar
quarter
the
judicial
branch
shall
reimburse
4
the
state
public
defender
for
attorney
fees
paid
pursuant
to
5
section
600A.6B
.
Notwithstanding
section
8.33
,
unencumbered
6
and
unobligated
receipts
in
the
revolving
fund
at
the
end
of
7
a
fiscal
year
do
not
revert
to
the
general
fund
of
the
state.
8
The
judicial
branch
shall
on
or
before
February
1
file
a
9
financial
accounting
of
the
moneys
in
the
revolving
fund
with
10
the
legislative
services
agency.
The
accounting
shall
include
11
an
estimate
of
disbursements
from
the
revolving
fund
for
the
12
remainder
of
the
fiscal
year
and
for
the
next
fiscal
year.
13
Sec.
4.
Section
622A.1,
Code
2019,
is
amended
by
adding
the
14
following
new
subsections:
15
NEW
SUBSECTION
.
3.
“Limited
English
proficient”
means
the
16
inability
to
adequately
understand
or
effectively
communicate
17
in
the
English
language
because
a
person’s
primary
language
is
18
a
language
other
than
English.
19
NEW
SUBSECTION
.
4.
“Oral
language
interpreter”
means
a
20
person
who
can
accurately
transfer
the
meaning
of
words
or
21
phrases
of
one
oral
language
into
the
equivalent
words
or
22
phrases
of
a
second
oral
language
and
from
a
second
oral
23
language
into
the
first
oral
language.
24
NEW
SUBSECTION
.
5.
“Participant”
means
any
of
the
25
following:
26
a.
A
party
or
witness
in
a
legal
proceeding.
27
b.
A
child
who
is
or
may
be
the
subject
of
a
delinquency
28
petition.
29
c.
A
parent,
guardian,
or
custodian,
whose
child
is
or
may
30
be
the
subject
of
a
delinquency
petition.
31
d.
A
person
who
is
a
guardian,
conservator,
or
trustee
in
a
32
probate
case.
33
NEW
SUBSECTION
.
6.
“Translator”
means
a
person
who
can
34
accurately
transfer
the
meaning
of
words
or
phrases
of
one
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written
language
into
the
equivalent
words
or
phrases
of
a
1
second
written
language
and
from
a
second
written
language
into
2
the
first
written
language.
3
Sec.
5.
Section
622A.2,
Code
2019,
is
amended
to
read
as
4
follows:
5
622A.2
Who
entitled
Limited-English-proficient
persons
——
6
when
entitled
to
an
oral
language
interpreter
without
cost
.
7
1.
Every
limited-English-proficient
person
who
cannot
speak
8
or
understand
the
English
language
and
who
is
a
party
to
any
9
legal
proceeding
or
a
witness
therein,
shall
be
is
entitled
to
10
an
oral
language
interpreter
to
assist
such
person
throughout
11
the
proceeding.
without
cost
when
the
person
is
any
of
the
12
following:
13
a.
A
participant
in
a
legal
proceeding.
14
b.
A
party
who
is
ordered
by
a
court
to
participate
in
a
15
mediation.
16
c.
A
party
who
is
ordered
by
a
court
to
participate
in
a
17
predisposition
parenting
program
in
a
domestic
relations
case.
18
2.
In
addition
to
subsection
1,
if
a
limited-English-
19
proficient
person
is
a
party
who
is
entitled
to
appointment
20
of
legal
counsel
in
a
criminal
or
juvenile
case
or
the
court
21
otherwise
determines
that
the
limited-English-proficient
person
22
is
a
party
who
is
indigent
or
cannot
afford
to
pay
for
an
23
oral
language
interpreter,
the
person
is
entitled
to
an
oral
24
language
interpreter
to
assist
such
person
without
cost
when
25
the
person
is
a
party
in
a
pending
court
case
for
any
of
the
26
following
purposes:
27
a.
A
deposition
in
the
party’s
pending
court
case.
28
b.
A
consultation
with
an
attorney
in
the
party’s
pending
29
court
case.
30
c.
To
prepare
for
a
legal
proceeding
before
any
court.
31
3.
A
limited-English-proficient
person
who
qualifies
for
32
appointment
of
an
oral
language
interpreter
without
cost
to
the
33
limited-English-proficient
person
pursuant
to
subsection
1
or
34
2
may
also
qualify
for
appointment
of
a
translator
to
provide
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written
translation
of
court-related
material
without
cost
if
1
the
court
determines
that
an
oral
language
interpretation
of
2
the
court-related
material
would
not
be
sufficient
to
ensure
3
due
process
under
the
circumstances.
4
Sec.
6.
Section
622A.3,
Code
2019,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
622A.3
Payment
of
oral
language
interpreters
and
translators.
7
1.
The
state
court
administrator
shall
pay
an
oral
8
language
interpreter
or
a
translator
from
the
revolving
9
fund
created
in
section
602.1302,
subsection
3,
when
a
10
limited-English-proficient
person
is
entitled
to
an
oral
11
language
interpreter
or
a
translator
under
section
622A.2
12
and
the
oral
language
interpreter
services
or
the
translator
13
services
are
not
provided
before
an
administrative
agency.
14
2.
An
administrative
agency
shall
pay
an
oral
language
15
interpreter
or
a
translator
when
a
limited-English-proficient
16
person
is
entitled
to
an
oral
language
interpreter
or
a
17
translator
under
section
622A.2
and
the
oral
language
18
interpreter
services
or
the
translator
services
are
provided
19
before
an
administrative
agency.
20
Sec.
7.
Section
622A.4,
Code
2019,
is
amended
to
read
as
21
follows:
22
622A.4
Fee
set
by
court
——
payment
or
administrative
agency
.
23
Every
oral
language
interpreter
and
translator
appointed
24
by
a
court
or
administrative
agency
shall
receive
a
fee
to
be
25
set
by
the
court
or
administrative
agency.
If
the
interpreter
26
is
appointed
by
the
court
in
a
civil
case
for
a
person
who
is
27
indigent
and
unable
to
secure
an
interpreter,
the
fee
for
the
28
interpreter
shall
be
paid
from
the
revolving
fund
established
29
in
section
602.1302,
subsection
3
.
30
Sec.
8.
Section
622A.5,
Code
2019,
is
amended
to
read
as
31
follows:
32
622A.5
Oath.
33
Every
oral
language
interpreter
and
translator
in
any
legal
34
proceeding
shall
take
the
same
an
oath
as
any
other
witness
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consistent
with
the
rules
the
supreme
court
adopts
under
this
1
chapter
.
2
Sec.
9.
Section
622A.6,
Code
2019,
is
amended
to
read
as
3
follows:
4
622A.6
Qualifications
,
neutrality,
and
integrity.
5
Any
court
or
administrative
agency
may
inquire
into
the
6
qualifications
,
neutrality,
and
integrity
of
any
oral
language
7
interpreter
or
translator
,
and
may
disqualify
any
person
from
8
serving
as
an
oral
language
interpreter
or
translator
.
9
Sec.
10.
Section
622A.7,
Code
2019,
is
amended
to
read
as
10
follows:
11
622A.7
Rules.
12
The
supreme
court,
after
consultation
with
the
commission
13
of
Latino
affairs
of
the
department
of
human
rights
and
other
14
appropriate
departments,
shall
adopt
rules
governing
the
15
qualifications
and
compensation
of
oral
language
interpreters
16
and
translators
appearing
in
legal
proceedings
before
a
court
17
or
grand
jury
under
this
chapter
.
However,
an
administrative
18
agency
which
is
subject
to
chapter
17A
may
adopt
rules
19
differing
from
those
of
the
supreme
court
governing
the
20
qualifications
and
compensation
of
oral
language
interpreters
21
and
translators
appearing
in
proceedings
before
that
agency.
22
Sec.
11.
Section
622A.8,
Code
2019,
is
amended
to
read
as
23
follows:
24
622A.8
Tape
Electronic
recording
of
testimony
.
25
A
tape
An
electronic
recording
of
the
portion
of
26
proceedings
where
non-English
testimony
is
given
shall
be
27
made
and
maintained
for
one
year
after
the
entry
of
the
final
28
disposition
or
sentence
or,
if
the
final
judgment
is
appealed,
29
until
one
year
after
the
final
disposition
of
the
appeal
.
30
Sec.
12.
NEW
SECTION
.
622A.9
Privileged
communications.
31
Communications
between
a
limited-English-proficient
person
32
and
a
third
party
which
are
privileged
under
chapter
622
in
33
which
an
oral
language
interpreter
participates
as
an
oral
34
language
interpreter
shall
be
privileged
with
regard
to
the
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oral
language
interpreter.
1
Sec.
13.
Section
622B.1,
Code
2019,
is
amended
to
read
as
2
follows:
3
622B.1
Definitions
——
rules.
4
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
5
requires:
6
a.
“Administrative
agency”
means
any
department,
board,
7
commission,
or
agency
of
the
state
or
any
political
subdivision
8
of
the
state.
9
b.
“Deaf
person”
means
an
individual
who
uses
sign
language
10
as
the
person’s
primary
mode
of
communication
and
who
may
use
11
sign
language
interpreters
to
facilitate
communication.
12
c.
“Hard-of-hearing
person”
means
an
individual
who
13
is
unable
to
hear
and
distinguish
sounds
within
normal
14
conversational
range
and
who
needs
to
use
speechreading,
15
assistive
listening
devices,
or
oral
interpreters
other
16
reasonable
accommodations
to
facilitate
communication.
17
d.
“Interpreter”
means
an
oral
interpreter
or
sign
language
18
interpreter.
19
e.
“Oral
interpreter”
means
an
interpreter
who
is
fluent
in
20
transliterating,
paraphrasing,
and
voicing.
21
d.
“Participant”
means
any
of
the
following:
22
(1)
A
party,
witness,
or
attorney
in
a
legal
proceeding.
23
(2)
A
child
who
is
or
may
be
the
subject
of
a
delinquency
24
petition.
25
(3)
A
parent,
guardian,
or
custodian,
whose
child
is
or
may
26
be
the
subject
of
a
delinquency
petition.
27
(4)
A
person
who
is
a
guardian,
conservator,
or
trustee
in
a
28
probate
case.
29
f.
e.
“Sign
language
interpreter”
means
an
interpreter
a
30
person
who
is
able
to
interpret
from
sign
language
to
English
31
and
English
to
into
an
oral
language
and
from
an
oral
language
32
into
sign
language.
33
2.
The
supreme
court,
after
consultation
with
the
34
department
of
human
rights,
shall
adopt
rules
governing
the
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qualifications
and
compensation
of
sign
language
interpreters
1
appearing
in
a
legal
proceeding
before
a
court,
grand
jury,
or
2
before
an
administrative
agency
under
this
chapter
.
However,
3
an
administrative
agency
which
is
subject
to
chapter
17A
4
may
adopt
rules
differing
from
those
of
the
supreme
court
5
governing
the
qualifications
and
compensation
of
sign
language
6
interpreters
appearing
in
proceedings
before
that
agency.
7
Sec.
14.
Section
622B.3,
Code
2019,
is
amended
to
read
as
8
follows:
9
622B.3
Notice
of
need.
10
When
a
deaf
or
hard-of-hearing
person
is
entitled
to
an
a
11
sign
language
interpreter,
the
deaf
or
hard-of-hearing
person
12
shall
notify
the
presiding
official
within
three
days
after
13
receiving
notice
of
the
proceeding,
stating
the
disability
and
14
requesting
the
services
of
an
a
sign
language
interpreter.
If
15
the
deaf
or
hard-of-hearing
person
receives
notification
of
an
16
appearance
less
than
five
days
prior
to
the
proceeding,
that
17
person
shall
notify
the
presiding
official
requesting
an
a
sign
18
language
interpreter
as
soon
as
practicable
or
may
apply
for
a
19
continuance
until
an
a
sign
language
interpreter
is
appointed.
20
Sec.
15.
Section
622B.4,
Code
2019,
is
amended
to
read
as
21
follows:
22
622B.4
List.
23
The
office
of
deaf
services
of
the
department
of
human
rights
24
shall
prepare
and
continually
update
a
listing
of
qualified
25
and
available
sign
language
interpreters.
The
courts
and
26
administrative
agencies
shall
maintain
a
directory
of
qualified
27
sign
language
interpreters
for
deaf
and
hard-of-hearing
28
persons
as
furnished
by
the
department
of
human
rights.
29
The
office
of
deaf
services
shall
maintain
a
list
of
sign
30
language
interpreters
which
shall
be
made
available
to
a
court,
31
administrative
agency,
or
interested
parties
to
an
action
using
32
the
services
of
an
a
sign
language
interpreter.
33
Sec.
16.
Section
622B.5,
Code
2019,
is
amended
to
read
as
34
follows:
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622B.5
Oath.
1
Before
participating
in
a
proceeding,
an
a
sign
2
language
interpreter
shall
take
an
oath
that
the
sign
3
language
interpreter
will
make
a
true
interpretation
in
an
4
understandable
manner
to
the
person
for
whom
the
sign
language
5
interpreter
is
appointed
and
that
the
sign
language
interpreter
6
will
interpret
or
translate
the
statements
of
the
deaf
or
7
hard-of-hearing
person
to
the
best
of
the
sign
language
8
interpreter’s
skills
and
judgment.
9
Sec.
17.
Section
622B.6,
Code
2019,
is
amended
to
read
as
10
follows:
11
622B.6
Privileged
communications
.
12
Communication
between
a
deaf
or
hard-of-hearing
person
13
and
a
third
party
which
is
privileged
under
chapter
622
in
14
which
the
sign
language
interpreter
participates
as
an
a
sign
15
language
interpreter
shall
be
privileged
to
the
sign
language
16
interpreter.
17
Sec.
18.
Section
622B.7,
Code
2019,
is
amended
to
read
as
18
follows:
19
622B.7
Fee.
20
An
A
sign
language
interpreter
appointed
under
this
chapter
21
is
entitled
to
a
reasonable
fee
and
expenses
as
determined
22
by
the
rules
applying
to
that
proceeding.
This
schedule
23
shall
be
furnished
to
all
courts
and
administrative
agencies
24
and
maintained
by
them.
If
the
sign
language
interpreter
is
25
appointed
by
the
court,
the
fee
and
expenses
shall
be
paid
by
26
the
county
and
if
the
sign
language
interpreter
is
appointed
by
27
an
administrative
agency,
the
fee
and
expenses
shall
be
paid
28
out
of
funds
available
to
the
administrative
agency.
29
Sec.
19.
Section
622B.8,
Code
2019,
is
amended
to
read
as
30
follows:
31
622B.8
Disqualification.
32
On
motion
of
a
party
or
on
its
own
motion,
a
court
or
33
administrative
agency
shall
inquire
into
the
qualifications
,
34
neutrality,
and
integrity
of
an
a
sign
language
interpreter.
A
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court
or
administrative
agency
may
disqualify
for
good
reason
1
any
person
from
serving
as
an
a
sign
language
interpreter
2
in
that
proceeding.
If
an
a
sign
language
interpreter
is
3
disqualified,
the
court
or
administrative
agency
shall
appoint
4
another
sign
language
interpreter.
5
Sec.
20.
Section
815.9,
subsection
3,
Code
2019,
is
amended
6
to
read
as
follows:
7
3.
If
a
person
is
granted
an
appointed
attorney,
the
8
person
shall
be
required
to
reimburse
the
state
for
the
total
9
cost
of
legal
assistance
provided
to
the
person
pursuant
to
10
this
section
.
“Legal
assistance”
as
used
in
this
section
11
shall
include
not
only
the
expense
of
the
public
defender
or
12
an
appointed
attorney,
but
also
transcripts,
witness
fees,
13
expenses,
and
any
other
goods
or
services
required
by
law
to
14
be
provided
to
an
indigent
person
entitled
to
an
appointed
15
attorney
,
excluding
the
costs
and
fees
of
oral
language
16
interpreters
and
translators,
who
shall
be
paid
pursuant
to
17
section
622A.3,
and
sign
language
interpreters,
who
shall
be
18
paid
pursuant
to
section
622B.7
.
19
Sec.
21.
Section
815.11,
Code
2019,
is
amended
to
read
as
20
follows:
21
815.11
Appropriations
for
indigent
defense
——
fund
created.
22
1.
Costs
incurred
for
legal
representation
by
a
23
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
24
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
25
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
26
815.10
on
behalf
of
an
indigent
shall
be
paid
from
moneys
27
appropriated
by
the
general
assembly
to
the
office
of
the
28
state
public
defender
in
the
department
of
inspections
and
29
appeals
and
deposited
in
an
account
to
be
known
as
the
indigent
30
defense
fund
,
except
as
provided
in
subsection
2
.
Costs
31
incurred
representing
an
indigent
defendant
in
a
contempt
32
action,
or
representing
an
indigent
juvenile
in
a
juvenile
33
court
proceeding,
are
also
payable
from
the
fund.
However,
34
costs
incurred
in
any
administrative
proceeding
or
in
any
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other
proceeding
under
this
chapter
or
chapter
598
,
600
,
600A
,
1
633
,
633A
,
814
,
or
915
or
other
provisions
of
the
Code
or
2
administrative
rules
are
not
payable
from
the
fund.
3
2.
The
costs
and
fees
associated
with
oral
language
4
interpreters
or
translators
are
not
payable
from
this
fund.
5
The
costs
and
fees
of
an
oral
language
interpreter
or
a
6
translator
shall
be
paid
pursuant
to
section
622A.3
from
moneys
7
appropriated
by
the
general
assembly
to
the
judicial
branch
8
revolving
fund
created
pursuant
to
section
602.1302,
subsection
9
3.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
oral
language
interpreters
and
14
translators
for
limited-English-proficient
persons
and
sign
15
language
interpreters
for
deaf
and
hard-of-hearing
persons.
16
The
bill
amends
Code
chapter
622A,
which
in
the
bill
17
provides
for
oral
language
interpreters
and
translators
for
18
limited-English-proficient
persons
in
legal
proceedings
and
19
court-related
activities.
20
The
bill
provides
new
definitions
for
limited
English
21
proficient,
oral
language
interpreter,
participant,
and
22
translator.
The
bill
defines
“participant”
in
Code
chapter
23
622A
as
a
party
or
witness
in
a
legal
proceeding;
a
child
who
24
is
or
may
be
the
subject
of
a
delinquency
petition;
a
parent,
25
guardian,
or
custodian,
whose
child
is
or
may
be
the
subject
26
of
a
delinquency
petition;
or
a
person
who
is
a
guardian,
27
conservator,
or
trustee
in
a
probate
case.
28
The
bill
provides
that
every
limited-English-proficient
29
person
is
entitled
to
an
oral
language
interpreter
to
assist
30
such
person
without
cost
when
the
person
is
a
participant
31
in
a
legal
proceeding,
a
party
who
is
ordered
by
a
court
32
to
participate
in
a
mediation,
or
a
party
who
is
ordered
33
by
a
court
to
participate
in
a
predisposition
parenting
34
program
in
a
domestic
relations
case.
Additionally,
if
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a
limited-English-proficient
person
is
a
party
who
is
1
entitled
to
appointment
of
legal
counsel
in
a
criminal
or
2
juvenile
case
or
the
court
otherwise
determines
that
the
3
limited-English-proficient
person
is
a
party
who
is
indigent
4
or
cannot
afford
to
pay
for
an
oral
language
interpreter,
5
the
person
is
entitled
to
an
oral
language
interpreter
to
6
assist
such
person
without
cost
when
the
person
is
a
party
in
7
a
pending
court
case
for
a
deposition
in
the
party’s
pending
8
court
case,
a
consultation
with
an
attorney
in
the
party’s
9
pending
court
case,
or
to
prepare
for
a
legal
proceeding
before
10
any
court.
11
The
bill
provides
that
a
limited-English-proficient
person
12
who
qualifies
for
appointment
of
an
oral
language
interpreter
13
without
cost
to
the
limited-English-proficient
person
pursuant
14
to
the
bill
may
also
qualify
for
appointment
of
a
translator
15
to
provide
written
translation
of
court-related
material
16
without
cost
if
the
court
determines
that
an
oral
language
17
interpretation
of
the
court-related
material
would
not
be
18
sufficient
to
ensure
due
process
under
the
circumstances.
19
The
bill
provides
that
the
state
court
administrator
20
shall
pay
oral
language
interpreters
and
translators
from
21
the
revolving
fund
created
in
Code
section
602.1302(3)
when
22
a
limited-English-proficient
person
is
entitled
to
an
oral
23
language
interpreter
or
a
translator
and
the
oral
language
24
interpreter
services
or
translator
services
are
not
provided
25
before
an
administrative
agency.
The
bill
provides
that
an
26
administrative
agency
shall
pay
an
oral
language
interpreter
27
or
a
translator
when
a
limited-English-proficient
person
is
28
entitled
to
an
oral
language
interpreter
or
a
translator
and
29
the
oral
language
interpreter
services
or
translator
services
30
are
provided
before
an
administrative
agency.
31
The
bill
provides
that
an
oral
language
interpreter
and
a
32
translator
in
a
legal
proceeding
shall
take
an
oath
consistent
33
with
rules
the
supreme
court
adopts
under
Code
chapter
622A.
34
The
bill
provides
that
in
addition
to
a
court
or
administrative
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agency
being
able
to
inquire
into
the
qualifications
and
1
integrity
of
an
oral
language
interpreter
or
a
translator,
2
the
court
or
administrative
agency
may
also
inquire
into
the
3
neutrality
of
the
oral
language
interpreter
or
translator.
The
4
bill
amends
the
section
of
Code
chapter
622A
that
provides
5
the
authorization
for
rulemaking
to
specify
oral
language
6
interpreters
and
translators
appearing
in
legal
proceedings.
7
The
bill
provides
that
an
electronic
recording
of
the
portion
8
of
proceedings
where
non-English
testimony
is
given
shall
be
9
made
and
maintained
for
one
year
after
the
entry
of
the
final
10
disposition
or
sentence,
or
if
the
final
judgment
is
appealed,
11
until
one
year
after
the
final
disposition
of
the
appeal.
12
The
bill
provides
that
communications
between
a
13
limited-English-proficient
person
and
a
third
party
which
are
14
privileged
under
Code
chapter
622
in
which
an
oral
language
15
interpreter
participates
as
an
oral
language
interpreter
shall
16
be
privileged
with
regard
to
the
oral
language
interpreter.
17
The
bill
also
amends
Code
chapter
622B,
which
provides
18
for
sign
language
interpreters
for
deaf
and
hard-of-hearing
19
persons.
The
bill
provides
a
new
definition
for
“participant”.
20
The
bill
defines
“participant”
in
Code
chapter
622B
as
21
any
of
the
following:
a
party,
witness,
or
attorney
in
a
22
legal
proceeding;
a
child
who
is
or
may
be
the
subject
of
a
23
delinquency
petition;
a
parent,
guardian,
or
custodian,
whose
24
child
is
or
may
be
the
subject
of
a
delinquency
petition;
or
a
25
person
who
is
a
guardian,
conservator,
or
trustee
in
a
probate
26
case.
27
The
bill
provides
that
in
addition
to
a
court
or
28
administrative
agency
being
able
to
inquire
into
the
29
qualifications
and
integrity
of
a
sign
language
interpreter,
30
the
court
or
administrative
agency
may
also
inquire
into
the
31
neutrality
of
the
sign
language
interpreter.
32
The
bill
amends
Code
sections
232.141
and
815.9
to
exclude
33
the
costs
and
fees
of
interpreter
and
translator
services.
34
First,
Code
section
232.141
currently
provides
that
the
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juvenile
court
shall
inquire
into
the
ability
of
the
child
1
or
child’s
parent
to
pay
costs
including
the
child’s
care,
2
examination,
treatment,
legal
expenses,
or
other
expenses.
3
The
bill
excludes
from
those
costs
the
costs
and
fees
for
4
oral
language
interpreters,
sign
language
interpreters,
and
5
translators,
and
requires
that
those
persons
be
paid
pursuant
6
to
Code
section
622A.3
(oral
language
interpreters
and
7
translators)
or
622B.7
(sign
language
interpreters).
8
Code
section
815.9
currently
provides
that
if
a
person
9
is
granted
a
court-appointed
attorney
in
a
criminal
case,
10
the
person
shall
reimburse
the
state
for
the
total
cost
of
11
legal
assistance.
The
bill
changes
the
definition
of
legal
12
assistance
to
exclude
the
costs
and
fees
of
oral
language
13
interpreters,
sign
language
interpreters,
and
translators.
The
14
bill
states
that
these
persons
shall
be
paid
pursuant
to
Code
15
section
622A.3
(oral
language
interpreters
and
translators)
or
16
622B.7
(sign
language
interpreters).
17
Code
section
815.11
provides
appropriations
for
indigent
18
defense.
The
bill
provides
that
costs
and
fees
associated
with
19
oral
language
interpreters
are
not
payable
from
this
fund.
The
20
costs
and
fees
of
an
oral
language
interpreter
or
a
translator,
21
including
for
criminal
defense,
shall
be
paid
pursuant
to
Code
22
section
622A.3
from
moneys
appropriated
by
the
general
assembly
23
to
the
judicial
branch
revolving
fund
created
pursuant
to
Code
24
section
602.1302(3).
25
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(2)
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