Bill Text: CA AB2370 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2370 (Prior Session Legislation)

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 NUMBER: AB 2370	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2014
	AMENDED IN SENATE  JUNE 9, 2014
	AMENDED IN ASSEMBLY  MAY 13, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 21, 2014

   An act to amend Section 68561 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. Existing law
provides that 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

    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 Judicial Council, and to be
designated as a registered interpreter if he or she passes an
approved English fluency examination. 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 a  judge in any court
proceeding, when using a qualified interpreter, to  
judge, in any proceeding in which the court appoints an interpreter
  who does not hold an interpreter certificate for a
designated language, or who is   qualified to interpret
using a nondesignated language but is not registered, to  have
stated on the record a finding that a certified or registered
interpreter is not available, the name of the interpreter, and a
statement that he or she meets the qualification requirements
specified above, and that the interpreter's oath was administered to
the qualified interpreter, as specified. The bill would also require
a judge in any court proceeding, when using a certified or registered
court interpreter, to have stated on the record the name of the
interpreter, his or her current interpreter certification or
registration number, the language to be interpreted, a statement that
the certified or registered interpreter's identification has been
verified by the court, and a statement that the interpreter's oath
was administered to him or her, or that he or she has an oath on file
with the court, as specified. The bill would require 
similar information to be stated   certified or
registered interpreters to state similar information  for the
record in depositions where a judge is not present, as specified.
   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),
a person who interprets in a court proceeding using a language
designated by the Judicial Council pursuant 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 previously established by the State Personnel
Board or established by an entity provisionally approved pursuant to
subdivision (b) of Section 68562 shall be deemed certified pursuant
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 adopted pursuant 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 interpreters shall not be used in court
proceedings unless they are qualified by the court pursuant 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) A person who interprets in a court proceeding using a language
not designated by the Judicial Council shall be qualified by the
court pursuant 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) In any court proceeding, if a court  uses 
 appoints  an interpreter  who is qualified
 pursuant to subdivision  (c) or (d),  
(c), or an interpreter pursuant to subdivision (d) who is not
registered,  the judge in the court proceeding shall require the
following to be stated on the record:
   (1) A finding that a certified or registered interpreter is not
available.
   (2) The name of the qualified interpreter.
   (3) A statement that the qualified interpreter meets the
requirements of subdivision (c) or (d) and that the required
procedures and guidelines adopted by the Judicial Council have been
followed.
   (4) A statement that the interpreter's oath was administered to
the qualified interpreter pursuant to the procedures and guidelines
adopted by the Judicial Council.
   (g) In any court proceeding, if a court uses a certified court
interpreter, as defined by Section 68566, or a registered court
interpreter, the judge in the court proceeding shall require the
following to be stated on the record:
   (1) The name of the certified or registered court interpreter, as
listed on his or her court interpreter certification or registration.

   (2) His or her current certification or registration number.
   (3) A statement that the certified or registered court interpreter'
s identification has been verified by the court using a certified or
registered interpreter identification badge issued by the Judicial
Council or other documentation that verifies the interpreter's
certification or registration accompanied by photo identification.
   (4) The language to be interpreted.
   (5) A statement that the interpreter's oath was administered to
the certified or registered court interpreter or that he or she has
an oath on file with the court. 
   (h) (1) In a deposition where a judge is not present to fulfill
the requirements specified in subdivision (f), an interpreter who is
qualified pursuant to subdivision (c) or (d) shall state all of the
following for the record:  
   (A) His or her name.  
   (B) The language to be interpreted.  
   (C) A statement that the interpreter's oath was administered.
 
   (D) A statement that all Judicial Council procedures and
guidelines have been followed.  
   (2) 
    (h)  In a deposition where a judge is not present to
fulfill the requirements specified in subdivision (g), a certified or
registered interpreter shall state all of the following for the
record: 
   (A) 
    (1)  His or her qualifications, including his or her
name and certification or registration number. 
   (B) 
    (2) A statement that the interpreter's oath was
administered to him or her or that he or she has an oath on file with
the court. 
   (C) 
    (3   )  A statement that he or she has
presented to both parties the interpreter certification or
registration badge issued to him or her by the Judicial Council or
other documentation that verifies his or her certification or
registration accompanied by photo identification.