Bill Text: IA HSB662 | 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.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-18 - Committee report, recommending amendment and passage. H.J. 298. [HSB662 Detail]

Download: Iowa-2019-HSB662-Introduced.html

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House Study Bill 662 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED JUDICIAL BRANCH
BILL)
A BILL FOR
An Act relating to interpreters for limited-English-proficient,
deaf, and hard-of-hearing persons in certain court
proceedings.
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 subsections:
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. “Oral language interpreter” means a
person who can accurately transfer the meaning of words or
phrases of one oral language into the equivalent words or
phrases of a second oral language and from a second oral
language into the first oral language.
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 oral language interpreter .
Every limited-English-proficient person who cannot speak
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or understand the English language and who is a party to any
legal proceeding or a witness therein, shall be entitled to an
oral language interpreter to assist such person throughout the
proceeding.
Sec. 4. Section 622A.3, subsection 1, Code 2020, is amended
to read as follows:
1. An oral language interpreter shall be appointed without
expense to the limited-English-proficient person requiring
assistance in the following cases:
a. If the person requiring assistance is a witness in the
civil legal proceeding.
b. If the person requiring assistance is indigent and
financially unable to secure an oral language interpreter.
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 pay an oral language
interpreter from the revolving fund created in section
602.1302, subsection 3, when a limited-English-proficient
person is entitled to an oral language interpreter under
section 622A.2 and the oral language interpreter services are
not provided before an administrative agency. In civil cases,
every court shall tax the costs of an oral language interpreter
the same as other court costs. In criminal cases, where the
defendant is indigent, the oral language 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
oral language interpreter when a limited-English-proficient
person is entitled to an oral language interpreter under
section 622A.2 and the oral language interpreter services are
provided before an administrative agency. The agency may
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require that the party to the proceeding pay the expense of the
oral language interpreter.
Sec. 7. Section 622A.3, subsection 3, Code 2020, is amended
to read as follows:
3. Moneys recovered as court costs for oral language
interpreters paid through the revolving fund established in
section 602.1302, subsection 3 , shall be deposited in that
fund.
Sec. 8. Section 622A.4, Code 2020, is amended to read as
follows:
622A.4 Fee set by court —— payment or administrative agency .
Every oral language 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. 9. Section 622A.5, Code 2020, is amended to read as
follows:
622A.5 Oath.
Every oral language 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. 10. 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 oral language
interpreter, and may disqualify any person from serving as an
oral language interpreter.
Sec. 11. Section 622A.7, Code 2020, is amended to read as
follows:
622A.7 Rules.
The supreme court, after consultation with the commission
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of Latino affairs of the department of human rights and other
appropriate departments, shall adopt rules governing the
qualifications and compensation of oral language 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 oral language interpreters appearing in proceedings before
that agency.
Sec. 12. 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. 13. 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 oral language interpreter participates as an oral
language interpreter shall be privileged with regard to the
oral language interpreter.
Sec. 14. 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
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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
interpreters appearing in proceedings before that agency.
Sec. 15. 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. 16. Section 622B.3, Code 2020, is amended to read as
follows:
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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. 17. 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
sign language 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 language interpreter.
Sec. 18. 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.
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Sec. 19. 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. 20. 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.
Sec. 21. 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. 22. 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
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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 oral language
interpreters are not payable from this fund. The costs and
fees of an oral language 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, subsection 3.
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 oral language 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 oral language interpreters for limited-English-proficient
persons in legal proceedings.
The bill provides new definitions for “limited English
proficient” and “oral language interpreter”.
The bill provides that the state court administrator shall
pay oral language interpreters from the revolving fund created
in Code section 602.1302(3) when a limited-English-proficient
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person is entitled to an oral language interpreter and the
oral language interpreter services are not provided before
an administrative agency. The bill provides that in civil
cases, every court shall tax the costs of an oral language
interpreter the same as other court costs. In criminal cases,
the bill provides that where the defendant is indigent, the
oral language 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
oral language interpreter when a limited-English-proficient
person is entitled to an oral language interpreter and the
oral language 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
oral language interpreter.
The bill provides that an oral language interpreter in a
legal proceeding 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 oral language interpreter, the court or administrative
agency may also inquire into the neutrality of the oral
language interpreter. The bill amends the section of Code
chapter 622A that provides the authorization for rulemaking
to specify oral language 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 oral language
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interpreter participates as an oral language interpreter shall
be privileged with regard to the oral language 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
oral language interpreters are not payable from this fund.
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