Bill Text: CA AB2370 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Court interpreters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 424, Statutes of 2014. [AB2370 Detail]
Download: California-2013-AB2370-Amended.html
Bill Title: Court interpreters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 424, Statutes of 2014. [AB2370 Detail]
Download: California-2013-AB2370-Amended.html
BILL NUMBER: AB 2370 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Chau FEBRUARY 21, 2014 An act to amend Section6856668561 of the Government Code, relating to court interpreters. LEGISLATIVE COUNSEL'S DIGEST AB 2370, as amended, Chau. Court interpreters. Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Any person who interprets in a court proceeding using a language designated by the Judicial Council is required to be a certified court interpreter for the language used. Existing law authorizes the court, for good cause, to appoint an interpreter who does not hold an interpreter certificate for a designated language. Existing law authorizes a person who interprets in a court proceeding using a language not designated by the Judicial Council to be qualified by the court under qualification procedures and guidelines adopted by the council. Existing law requires interpreters to establish to the court that they meet the requirements described above under procedures adopted by the Judicial Council and also requires the court record to show that the interpreter is a certified interpreter or qualified as an interpreter for good cause or for a nondesignated language, as specified. This bill would additionally require the presiding judge in a court proceeding, when using a qualified interpreter, to require the name of the interpreter and a statement that he or she meets the qualification requirements specified above to be stated on the record. When using a certified court reporter, the bill would require, among other things, the name of the interpreter, the status of his or her interpreter certification, and a statement that the interpreter's oath was administered to the interpreter, or that he or she has an oath on file with the court, as specified, to be stated on the record.Existing law provides for the regulation of court interpreters. Existing law designates specified persons with the title "certified court interpreter," and prohibits the use of that title by other persons or entities.This bill would make technical, nonsubstantive changes to that provision.Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 68561 of the Government Code is amended to read: 68561. (a) Except for good cause as provided in subdivision (c),anya person who interprets in a court proceeding using a language designated by the Judicial Councilunderpursuant to subdivision (a) of Section 68562 shall be a certified court interpreter , as defined in Section 68566 , for the language used. (b) Interpreters named and maintained on the list of recommended court interpreters(1)previously established by the State Personnel Board, or (2)or established by an entity provisionally approvedunderpursuant to subdivision (b) of Section68562,68562 shall be deemed certifiedunderpursuant to this article until January 1, 1996. After that date, those interpreters shall not be deemed certified unless they have complied with the procedures for certification adoptedunderpursuant to subdivision (c) of Section 68562. Interpreters approved by the State Personnel Board or any other agency or entity for use in administrative hearings or nonjudicial settings shall not be deemed certified as court interpreters. These interpretersalsoshall not be used in court proceedings unless they are qualified by the courtunderpursuant to subdivision (c) or (d). (c) A court may for good cause appoint an interpreter for a language designated by the Judicial Council who does not hold a court interpreter certificate. The court shall follow the good cause and qualification procedures and guidelines adopted by the Judicial Council. (d)AnyA person who interprets in a court proceeding using a language not designated by the Judicial Council shall be qualified by the courtunderpursuant to the qualification procedures and guidelines adopted by the Judicial Council. If this qualified interpreter also passes an English fluency examination offered by a testing entity approved by the Judicial Council, this person shall be designated a "registered interpreter." (e) Interpreters shall establish to the court that they meet the requirements of this section under procedures adopted by the Judicial Council. The court record shall show that the interpreter (1) is a certified court interpreter as defined by Section 68566 for the language used, or (2) was qualified by the court under subdivision (c), after a finding of good cause, or under subdivision (d), if the language is not designated by the Judicial Council. (f) If a court uses a qualified interpreter pursuant to subdivision (c) or (d), the presiding judge in the court proceeding shall require the following to be stated on the record: (1) The name of the qualified interpreter. (2) A statement that the qualified interpreter meets the requirements of subdivision (c) or (d). (g) If a court uses a certified court interpreter, as defined by Section 68566, the presiding judge in the court proceeding shall require the following to be stated on the record: (1) The name of the certified court interpreter, as listed on his or her court interpreter certification. (2) The status of his or her interpreter certification, including his or her current certification number. (3) A statement that the certified court interpreter has presented photo identification or a certified interpreter identification badge to the court. (4) The language to be interpreted. (5) A statement that the interpreter's oath was administered to the certified court interpreter or that he or she has an oath on file with the court.SECTION 1.Section 68566 of the Government Code is amended to read: 68566. A natural person who either (1) holds a valid certificate as a certified court interpreter issued by a certification entity approved by the Judicial Council, or (2) until January 1, 1996, is named and maintained on the list of recommended court interpreters previously established by the State Personnel Board or established by an entity provisionally approved under subdivision (b) of Section 68562, shall be designated a "certified court interpreter." No other person or entity shall use the title "certified court interpreter," or represent that he, she, or it is certified to interpret in or for the courts.