Bill Text: IA HF707 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to interpreters and translators for limited-English-proficient, deaf, and hard-of-hearing persons in certain legal proceedings. (Formerly HF 445, HSB 70.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1038. [HF707 Detail]
Download: Iowa-2021-HF707-Enrolled.html
House
File
707
-
Enrolled
House
File
707
AN
ACT
RELATING
TO
INTERPRETERS
AND
TRANSLATORS
FOR
LIMITED-ENGLISH-PROFICIENT,
DEAF,
AND
HARD-OF-HEARING
PERSONS
IN
CERTAIN
LEGAL
PROCEEDINGS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
331.424,
subsection
1,
paragraph
a,
subparagraph
(6),
Code
2021,
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
House
File
707,
p.
2
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
2021,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Interpreter”
means
a
person
who
transfers
the
meaning
of
spoken
or
written
words
in
one
language
into
the
equivalent
meaning
in
another
spoken
language.
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.
NEW
SUBSECTION
.
4.
“Translator”
means
a
person
who
transfers
the
meaning
of
written
or
spoken
words
in
one
language
into
the
equivalent
meaning
in
the
written
words
of
another
language.
Sec.
3.
Section
622A.2,
Code
2021,
is
amended
to
read
as
follows:
622A.2
Who
entitled
to
interpreter
Limited-English-proficient
persons
——
when
entitled
to
an
interpreter
or
a
translator
.
1.
Every
A
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.
2.
A
limited-English-proficient
person
who
is
a
party
to
any
legal
proceeding
shall
be
entitled
to
a
translator
to
produce
a
written
translation
of
written
or
electronically
recorded
House
File
707,
p.
3
material
only
when
a
court
determines
that
an
oral
or
sign
interpretation
of
the
material
is
not
sufficient
to
ensure
due
process
under
the
circumstances.
Sec.
4.
Section
622A.3,
subsection
1,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
An
interpreter
or
translator
shall
be
appointed
without
expense
to
the
a
limited-English-proficient
person
requiring
assistance
in
the
following
cases:
Sec.
5.
Section
622A.3,
subsection
2,
Code
2021,
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
or
translator
appointed
under
subsection
1,
including
all
interpreter
or
translator
claims
formerly
paid
from
the
indigent
defense
fund.
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
or
translator
under
section
622A.2
and
the
interpreter
or
translator
services
are
not
provided
before
an
administrative
agency.
Sec.
6.
Section
622A.3,
Code
2021,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
2A.
In
civil
cases,
every
court
shall
tax
the
costs
of
an
interpreter
or
translator
the
same
as
other
court
costs.
NEW
SUBSECTION
.
2B.
In
criminal
cases,
where
the
defendant
is
indigent,
the
interpreter
or
translator
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.
NEW
SUBSECTION
.
2C.
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
2021,
is
amended
to
read
as
follows:
622A.4
Fee
set
by
court
——
payment
or
administrative
agency
.
House
File
707,
p.
4
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,
subsection
3
.
Sec.
8.
Section
622A.5,
Code
2021,
is
amended
to
read
as
follows:
622A.5
Oath.
Every
interpreter
and
translator
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
2021,
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
or
translator
,
and
may
disqualify
any
person
from
serving
as
an
interpreter
or
translator
.
Sec.
10.
Section
622A.7,
Code
2021,
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
or
translators
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
or
translators
appearing
in
proceedings
before
that
agency.
Sec.
11.
Section
622A.8,
Code
2021,
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
House
File
707,
p.
5
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
and
a
third
party
which
are
privileged
under
chapter
622
in
which
an
interpreter
or
translator
participates
as
an
interpreter
or
translator
shall
be
privileged
with
regard
to
the
interpreter
or
translator.
Sec.
13.
Section
622B.1,
Code
2021,
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
House
File
707,
p.
6
governing
the
qualifications
and
compensation
of
sign
language
interpreters
appearing
in
proceedings
before
that
agency.
Sec.
14.
Section
622B.2,
Code
2021,
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
2021,
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
2021,
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
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
House
File
707,
p.
7
language
interpreter.
Sec.
17.
Section
622B.5,
Code
2021,
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
2021,
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
2021,
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.
Sec.
20.
Section
622B.8,
Code
2021,
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
House
File
707,
p.
8
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
2021,
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,
representing
an
indigent
juvenile
in
a
juvenile
court
proceeding,
or
representing
a
person
pursuant
to
section
13B.13
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
translators,
foreign
language
interpreters,
and
sign
language
interpreters
are
not
payable
from
this
fund.
The
costs
and
fees
of
sign
language
interpreters
shall
be
paid
by
the
county
pursuant
to
section
622B.7,
and
the
costs
and
fees
of
translators
and
foreign
language
interpreters
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,
subsection
3.
Sec.
22.
PAYMENT
OF
INTERPRETERS
AND
TRANSLATORS.
Moneys
appropriated
to
the
indigent
defense
fund
created
in
section
815.11
for
payment
of
interpreters
and
translators
during
the
fiscal
year
beginning
July
1,
2020,
and
ending
June
30,
2021,
shall
be
used
by
the
state
public
defender
for
payment
of
costs
and
fees
of
interpreters
and
translators
for
claims
the
state
House
File
707,
p.
9
public
defender
has
received
prior
to
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
707,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor