Bill Text: IA SSB1108 | 2021-2022 | 89th General Assembly | Introduced

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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, making appropriations, and including effective date provisions.(See SF 558.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-03-03 - Committee report approving bill, renumbered as SF 558. [SSB1108 Detail]

Download: Iowa-2021-SSB1108-Introduced.html

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Senate Study Bill 1108 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED JUDICIAL BRANCH
BILL)
A BILL FOR
An Act relating to interpreters and translators for
limited-English-proficient, deaf, and hard-of-hearing
persons in certain legal proceedings, making appropriations,
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 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
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 subsection:
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:
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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
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
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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 .
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:
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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
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
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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
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.
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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
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
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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
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:
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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. INTERPRETERS AND TRANSLATORS —— TRANSFER OF
ADMINISTRATION AND APPROPRIATION. 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, 2021, and ending June 30, 2022, shall be used by
the state public defender for payment of costs and fees of
interpreters and translators the state public defender has
received prior to the effective date of this Act. Moneys
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appropriated to the indigent defense fund for payment of
interpreters and translators during the fiscal year beginning
July 1, 2021, and ending June 30, 2022, which remain beginning
on the effective date of this Act, having not been disbursed by
the state public defender for the fiscal year beginning July
1, 2021, and ending June 30, 2022, shall be transferred to the
revolving fund under the purview of the judicial branch created
pursuant to section 602.1302, subsection 3, for jury and
witness fees, mileage, costs related to summoning jurors, costs
and fees for interpreters and translators, and reimbursement of
attorney fees paid by the state public defender for the fiscal
year beginning July 1, 2021, and ending June 30, 2022.
Sec. 23. EFFECTIVE DATE. This Act takes effect November 1,
2021.
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 “interpreter” to mean a person who
transfers the meaning of spoken or written words in one
language into the equivalent meaning in another spoken
language. 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 also
defines “translator” to mean 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.
The bill provides that the state court administrator shall
receive, review, and pay fee claims for interpreters and
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translators from the revolving fund created in Code section
602.1302(3) when a limited-English-proficient person is
entitled to an interpreter or translator 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 or translator 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 or translator 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 interpreter, the court or administrative agency may
also inquire into the neutrality of the interpreter, and may
do the same with regard to translators. The bill amends the
section of Code chapter 622A that provides the authorization
for rulemaking to specify interpreters appearing in legal
proceedings and adds translators to the provision. 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 or
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translator participates as an interpreter or translator 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 provides that moneys appropriated to the indigent
defense fund for the payment of interpreters and translators
during the fiscal year beginning July 1, 2021, and ending
June 30, 2022, shall be used by the state public defender for
payment of costs and fees of interpreters and translators
received prior to the effective date of the bill. Moneys
appropriated to the indigent defense fund for the payment of
interpreters and translators during the fiscal year beginning
July 1, 2021, and ending June 30, 2022, that have not yet been
disbursed by the state public defender as of the effective date
of the bill shall be transferred to the revolving fund under
the purview of the judicial branch for jury and witness fees,
mileage, costs related to summoning jurors, costs and fees for
interpreters and translators, and reimbursement of attorney
fees paid by the state public defender for that fiscal year.
The bill takes effect November 1, 2021.
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