Bill Text: IA SSB3026 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to interpreters and translators for limited English proficient participants in legal proceedings and in court=ordered programs.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-16 - In Judiciary [SSB3026 Detail]
Download: Iowa-2013-SSB3026-Introduced.html
Senate
Study
Bill
3026
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
interpreters
and
translators
for
limited
1
English
proficient
participants
in
legal
proceedings
and
in
2
court-ordered
programs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
232.141,
subsections
1
and
2,
Code
2014,
1
are
amended
to
read
as
follows:
2
1.
Except
as
otherwise
provided
by
law,
the
court
shall
3
inquire
into
the
ability
of
the
child
or
the
child’s
parent
4
to
pay
expenses
incurred
pursuant
to
subsections
2,
4,
and
8
.
5
After
giving
the
parent
a
reasonable
opportunity
to
be
heard,
6
the
court
may
order
the
parent
to
pay
all
or
part
of
the
costs
7
of
the
child’s
care,
examination,
treatment,
legal
expenses,
8
or
other
expenses
,
excluding
the
costs
and
fees
of
interpreter
9
and
translator
services
.
An
order
entered
under
this
section
10
does
not
obligate
a
parent
paying
child
support
under
a
custody
11
decree,
except
that
part
of
the
monthly
support
payment
may
be
12
used
to
satisfy
the
obligations
imposed
by
the
order
entered
13
pursuant
to
this
section
.
If
a
parent
fails
to
pay
as
ordered,
14
without
good
reason,
the
court
may
proceed
against
the
parent
15
for
contempt
and
may
inform
the
county
attorney
who
shall
16
proceed
against
the
parent
to
collect
the
unpaid
amount.
Any
17
payment
ordered
by
the
court
shall
be
a
judgment
against
each
18
of
the
child’s
parents
and
a
lien
as
provided
in
section
19
624.23
.
If
all
or
part
of
the
amount
that
the
parents
are
20
ordered
to
pay
is
subsequently
paid
by
the
county
or
state,
21
the
judgment
and
lien
shall
thereafter
be
against
each
of
the
22
parents
in
favor
of
the
county
to
the
extent
of
the
county’s
23
payments
and
in
favor
of
the
state
to
the
extent
of
the
state’s
24
payments.
25
2.
All
of
the
following
juvenile
court
expenses
are
a
charge
26
upon
the
county
in
which
the
proceedings
are
held,
to
the
27
extent
provided
in
subsection
3
:
28
a.
Juvenile
court
expenses
incurred
by
an
attorney
appointed
29
by
the
court
to
serve
as
counsel
to
any
party
or
to
serve
as
a
30
guardian
ad
litem
for
any
child,
including
fees
and
expenses
31
for
foreign
language
interpreters,
costs
of
depositions
and
32
transcripts,
fees
and
mileage
of
witnesses,
and
the
expenses
of
33
officers
serving
notices
and
subpoenas.
34
b.
Reasonable
compensation
for
an
attorney
appointed
by
the
35
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court
to
serve
as
counsel
to
any
party
or
as
guardian
ad
litem
1
for
any
child
in
juvenile
court.
2
c.
Fees
and
expenses
incurred
by
the
juvenile
court
for
3
foreign
language
interpreters
for
court
proceedings.
4
Sec.
2.
Section
602.1302,
subsection
3,
Code
2014,
is
5
amended
to
read
as
follows:
6
3.
A
revolving
fund
is
created
in
the
state
treasury
for
7
the
payment
of
jury
and
witness
fees,
mileage,
costs
related
to
8
summoning
jurors
by
the
judicial
branch,
costs
and
fees
related
9
to
the
management
and
payment
of
interpreters
and
translators
10
in
judicial
branch
legal
proceedings
and
court-ordered
11
programs,
and
attorney
fees
paid
by
the
state
public
defender
12
for
counsel
appointed
pursuant
to
section
600A.6A
.
The
13
judicial
branch
shall
deposit
any
reimbursements
to
the
state
14
for
the
payment
of
jury
and
witness
fees
and
mileage
in
the
15
revolving
fund.
In
each
calendar
quarter
the
judicial
branch
16
shall
reimburse
the
state
public
defender
for
attorney
fees
17
paid
pursuant
to
section
600A.6B
.
Notwithstanding
section
18
8.33
,
unencumbered
and
unobligated
receipts
in
the
revolving
19
fund
at
the
end
of
a
fiscal
year
do
not
revert
to
the
general
20
fund
of
the
state.
The
judicial
branch
shall
on
or
before
21
February
1
file
a
financial
accounting
of
the
moneys
in
the
22
revolving
fund
with
the
legislative
services
agency.
The
23
accounting
shall
include
an
estimate
of
disbursements
from
the
24
revolving
fund
for
the
remainder
of
the
fiscal
year
and
for
the
25
next
fiscal
year.
26
Sec.
3.
Section
622A.1,
Code
2014,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
622A.1
Definitions.
29
As
used
in
this
chapter,
unless
the
context
otherwise
30
requires:
31
1.
“Administrative
agency”
means
any
department,
board,
32
commission,
or
agency
of
the
state
or
any
political
subdivision
33
of
the
state.
34
2.
“Court-ordered
program”
means
any
activity
in
which
a
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H.F.
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court
orders
a
party
to
participate
and
which
is
not
supervised
1
by
the
department
of
corrections
or
the
department
of
human
2
services.
3
3.
“Interpreter”
means
a
person
who
can
accurately
transfer
4
the
meaning
of
words,
phrases,
or
signs
in
one
language
into
5
the
equivalent
words,
phrases,
or
signs
in
another
language
6
and
includes
an
oral
language
interpreter
and
a
sign
language
7
interpreter.
8
4.
“Legal
proceeding”
means
any
action
before
any
9
court,
whether
civil,
criminal,
or
juvenile
in
nature,
10
or
any
proceeding
before
any
administrative
agency
which
11
is
quasi-judicial
in
nature
and
which
has
direct
legal
12
implications
to
any
person.
“Legal
proceeding”
includes
any
13
legal
action
preparatory
to
appearing
before
any
court
or
14
administrative
agency.
15
5.
“Limited
English
proficient”
means
the
inability
to
16
adequately
understand
or
effectively
communicate
in
the
English
17
language
because
a
person’s
primary
language
is
a
language
18
other
than
English.
19
6.
“Oral
language
interpreter”
means
an
interpreter
who
is
20
able
to
interpret
from
one
oral
language
into
a
second
oral
21
language
and
from
the
second
oral
language
into
the
first
oral
22
language.
23
7.
“Participant”
means
a
party,
witness,
attorney,
or
child,
24
including
a
child
who
is
or
may
be
the
subject
of
a
delinquency
25
petition;
a
parent,
guardian,
or
custodian,
whose
child
is
or
26
may
be
the
subject
of
a
delinquency
petition;
or
a
person
who
27
is
a
guardian,
conservator,
or
trustee
in
a
probate
case.
28
8.
“Sign
language
interpreter”
means
an
interpreter
who
is
29
able
to
interpret
from
sign
language
into
an
oral
language
and
30
from
that
oral
language
into
sign
language.
31
9.
“Translator”
means
a
person
who
can
accurately
transfer
32
the
meaning
of
written
words
and
phrases
in
one
language
into
33
the
equivalent
written
words
and
phrases
in
another
language.
34
Sec.
4.
Section
622A.2,
Code
2014,
is
amended
to
read
as
35
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_____
H.F.
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follows:
1
622A.2
Who
entitled
to
interpreter
or
translator
.
2
1.
Every
limited
English
proficient
person
who
cannot
speak
3
or
understand
the
English
language
and
who
is
a
party
to
any
4
is
a
participant
in
a
legal
proceeding
or
a
witness
therein,
5
court-ordered
program
shall
be
entitled
to
an
interpreter
to
6
assist
such
person
throughout
the
proceeding
or
program
.
7
2.
A
person
described
in
subsection
1
shall
be
entitled
8
to
a
translator
if
the
court
determines
that
an
oral
or
sign
9
language
interpretation
of
a
written
document
is
not
sufficient
10
to
meet
the
person’s
due
process
rights.
11
Sec.
5.
Section
622A.3,
Code
2014,
is
amended
to
read
as
12
follows:
13
622A.3
Costs
——
when
taxed
.
14
1.
An
interpreter
shall
be
or
translator
appointed
without
15
expense
to
the
person
requiring
assistance
in
the
following
16
cases:
for
a
limited
English
proficient
participant
who
is
17
entitled
to
an
interpreter
or
translator
pursuant
to
section
18
622A.2
shall
be
paid
in
accordance
with
this
section
and
the
19
fees
for
interpreter
or
translator
services
shall
not
be
20
charged
to
the
limited
English
proficient
participant
or
the
21
parties
in
the
case.
22
a.
If
the
person
requiring
assistance
is
a
witness
in
the
23
civil
legal
proceeding.
24
b.
If
the
person
requiring
assistance
is
indigent
and
25
financially
unable
to
secure
an
interpreter.
26
2.
In
civil
cases,
every
court
shall
tax
the
cost
of
27
an
interpreter
the
same
as
other
court
costs.
In
criminal
28
cases,
where
the
defendant
is
indigent,
the
interpreter
29
shall
be
considered
as
a
defendant’s
witness
under
rule
30
of
criminal
procedure
2.15
for
the
purpose
of
receiving
31
fees,
except
that
subpoenas
shall
not
be
required.
If
the
32
proceeding
is
before
an
administrative
agency,
that
agency
33
shall
provide
such
interpreter
but
may
require
that
a
party
34
to
the
proceeding
pay
the
expense
thereof
An
oral
language
35
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H.F.
_____
interpreter
or
a
translator
required
for
a
limited
English
1
proficient
participant
in
a
judicial
branch
legal
proceeding
2
or
a
court-ordered
program
shall
be
paid
by
the
state
court
3
administrator
from
the
revolving
fund
created
in
section
4
602.1302,
subsection
3
.
5
3.
Moneys
recovered
as
court
costs
for
interpreters
paid
6
through
the
revolving
fund
established
in
section
602.1302,
7
subsection
3
,
shall
be
deposited
in
that
fund
An
oral
8
language
interpreter
or
a
translator
required
for
a
limited
9
English
proficient
participant
in
a
legal
proceeding
before
10
an
administrative
agency
shall
be
paid
by
the
appropriate
11
administrative
agency
.
12
4.
A
sign
language
interpreter
or
a
real-time
court
reporter
13
who
assists
a
deaf
or
hard-of-hearing
participant
in
a
legal
14
proceeding
before
a
court
or
an
administrative
agency
or
in
a
15
court-ordered
program
shall
be
paid
by
the
county
pursuant
to
16
section
622B.7.
17
Sec.
6.
Section
622A.4,
Code
2014,
is
amended
to
read
as
18
follows:
19
622A.4
Fee
for
interpreter
and
translator
services
set
by
20
court
or
administrative
agency
——
payment.
21
Every
An
interpreter
or
translator
appointed
by
a
court
22
or
administrative
agency
shall
receive
a
fee
to
be
set
by
23
the
court
or
administrative
agency.
If
the
interpreter
is
24
appointed
by
the
court
in
a
civil
case
for
a
person
who
is
25
indigent
and
unable
to
secure
an
interpreter,
the
fee
for
the
26
interpreter
shall
be
paid
from
the
revolving
fund
established
27
in
section
602.1302,
subsection
3
.
28
Sec.
7.
Section
622A.5,
Code
2014,
is
amended
to
read
as
29
follows:
30
622A.5
Oath.
31
Every
An
interpreter
or
translator
in
any
legal
proceeding
32
shall
take
the
same
an
oath
as
any
other
witness
consistent
33
with
rules
adopted
by
the
court
under
this
chapter
.
34
Sec.
8.
Section
622A.6,
Code
2014,
is
amended
to
read
as
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H.F.
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follows:
1
622A.6
Qualifications
and
integrity.
2
Any
court
or
administrative
agency
may
inquire
into
the
3
qualifications
,
neutrality,
and
integrity
of
any
interpreter
4
or
translator
,
and
may
disqualify
any
person
from
serving
as
5
an
interpreter
or
translator
.
6
Sec.
9.
Section
622A.7,
Code
2014,
is
amended
to
read
as
7
follows:
8
622A.7
Rules
——
qualifications
and
compensation
of
9
interpreters
and
translators
.
10
The
supreme
court,
after
consultation
with
the
commission
11
of
Latino
affairs
of
the
department
of
human
rights
and
other
12
appropriate
departments,
shall
adopt
rules
governing
the
13
qualifications
and
compensation
of
interpreters
and
translators
14
appearing
in
proceedings
before
a
court
or
grand
jury
under
15
this
chapter
.
However,
an
administrative
agency
which
is
16
subject
to
chapter
17A
may
adopt
rules
differing
from
those
of
17
the
supreme
court
governing
the
qualifications
and
compensation
18
of
interpreters
and
translators
appearing
in
proceedings
before
19
that
agency.
20
Sec.
10.
Section
622A.8,
Code
2014,
is
amended
to
read
as
21
follows:
22
622A.8
Tape
Electronic
recording
of
testimony
.
23
A
tape
An
electronic
recording
of
the
portion
of
proceedings
24
where
non-English
testimony
is
given
shall
be
made
and
25
maintained
for
one
year
after
entry
of
the
final
disposition
or
26
sentence,
or
if
the
final
judgment
is
appealed,
until
one
year
27
after
the
final
disposition
of
the
appeal
.
28
Sec.
11.
Section
622B.1,
subsection
1,
paragraphs
c
through
29
f,
Code
2014,
are
amended
to
read
as
follows:
30
c.
“Hard-of-hearing
person”
means
an
individual
who
31
is
unable
to
hear
and
distinguish
sounds
within
normal
32
conversational
range
and
who
needs
to
use
speechreading,
33
assistive
listening
devices,
or
oral
interpreters
other
34
reasonable
accommodations
to
facilitate
communication.
35
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d.
“Interpreter”
means
an
oral
interpreter
or
sign
language
1
interpreter
a
person
who
can
accurately
transfer
the
meaning
of
2
words,
phrases,
or
signs
in
one
language
into
the
equivalent
3
words,
phrases,
or
signs
in
another
language,
and
includes
an
4
oral
language
interpreter
and
a
sign
language
interpreter
.
5
e.
“Oral
language
interpreter”
means
an
interpreter
who
is
6
fluent
in
transliterating,
paraphrasing,
and
voicing
able
to
7
interpret
from
one
oral
language
into
a
second
oral
language
8
and
from
the
second
oral
language
into
the
first
oral
language
.
9
f.
“Sign
language
interpreter”
means
an
interpreter
who
is
10
able
to
interpret
from
sign
language
to
English
and
English
to
11
sign
language
into
an
oral
language
and
from
that
oral
language
12
into
sign
language
.
13
Sec.
12.
Section
815.9,
subsection
3,
Code
2014,
is
amended
14
to
read
as
follows:
15
3.
If
a
person
is
granted
an
appointed
attorney,
the
16
person
shall
be
required
to
reimburse
the
state
for
the
total
17
cost
of
legal
assistance
provided
to
the
person
pursuant
to
18
this
section
.
“Legal
assistance”
as
used
in
this
section
19
shall
include
not
only
the
expense
of
the
public
defender
or
20
an
appointed
attorney,
but
also
transcripts,
witness
fees,
21
expenses,
and
any
other
goods
or
services
required
by
law
to
22
be
provided
to
an
indigent
person
entitled
to
an
appointed
23
attorney
,
excluding
the
costs
and
fees
of
interpreter
and
24
translator
services
.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
interpreters
and
translators
for
29
limited
English
proficient
participants
in
legal
proceedings
30
and
in
court-ordered
programs.
31
The
bill
provides
that
a
“limited
English
proficient”
(LEP)
32
person
who
is
a
participant
in
any
legal
proceeding
involving
a
33
court
or
an
administrative
agency
or
in
a
court-ordered
program
34
shall
be
entitled
to
an
interpreter
or
a
translator
to
assist
35
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S.F.
_____
H.F.
_____
the
person
in
the
proceeding
or
program.
LEP
is
defined
as
the
1
inability
of
a
person
to
adequately
understand
or
effectively
2
communicate
in
the
English
language
because
a
person’s
primary
3
language
is
a
language
other
than
English.
The
bill
defines
4
an
“interpreter”
as
a
person
who
can
accurately
transfer
the
5
meaning
of
words,
phrases,
or
signs
in
one
language
into
the
6
equivalent
words,
phrases,
or
signs
in
another
language
and
7
includes
an
oral
language
interpreter
and
a
sign
language
8
interpreter;
a
“translator”
as
a
person
who
can
accurately
9
transfer
the
meaning
of
written
words
and
phrases
in
one
10
language
into
the
equivalent
written
words
and
phrases
in
11
another
language;
and
a
“participant”
as
a
party,
witness,
12
attorney,
or
child,
including
a
child
who
is
or
may
be
the
13
subject
of
a
delinquency
petition;
a
parent,
guardian,
or
14
custodian
whose
child
is
or
may
be
the
subject
of
a
delinquency
15
petition;
or
a
person
who
is
a
guardian,
conservator,
or
16
trustee
in
a
probate
case.
17
The
bill
provides
that
fees
for
interpreter
or
translator
18
services
shall
not
be
charged
to
an
LEP
participant
in
a
legal
19
proceeding
or
court-ordered
program
and
specifies
that
an
20
LEP
participant
shall
be
entitled
to
a
translator
in
certain
21
circumstances.
The
bill
specifies
that
an
oral
language
22
interpreter
or
a
translator
required
for
an
LEP
participant
23
in
a
judicial
branch
legal
proceeding
or
in
a
court-ordered
24
program
is
to
be
paid
by
the
state
court
administrator
from
25
the
revolving
fund
established
in
Code
section
602.1302,
26
subsection
3
(known
as
the
jury
and
witness
fund);
an
oral
27
language
interpreter
or
a
translator
required
for
an
LEP
28
participant
in
a
legal
proceeding
before
an
administrative
29
agency
is
to
be
paid
by
the
appropriate
administrative
agency;
30
and
a
sign
language
interpreter
and
a
real-time
court
reporter
31
who
assist
a
deaf
or
hard-of-hearing
participant
in
a
legal
32
proceeding
before
a
court
or
an
administrative
agency
or
in
a
33
court-ordered
program
are
to
be
paid
by
the
county
pursuant
34
to
Code
section
622B.7.
The
bill
makes
conforming
changes
35
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_____
excluding
the
costs
of
interpreter
and
translator
services
1
from
being
charged
to
a
parent
in
a
juvenile
proceeding
(Code
2
section
232.141)
and
to
a
person
receiving
indigent
legal
3
assistance
services
(Code
section
815.9).
4
The
bill
provides
additional
provisions
specifying
that
fees
5
and
qualifications
for
interpreter
and
translator
services
6
are
to
be
determined
by
the
court
or
administrative
agency,
7
as
appropriate;
an
interpreter
or
translator
in
any
legal
8
proceeding
is
required
to
take
an
oath
consistent
with
rules
9
adopted
by
the
court
under
Code
chapter
622A
(interpreters
in
10
legal
proceedings);
and
a
court
or
an
administrative
agency
may
11
inquire
into
the
qualifications,
neutrality,
and
integrity
of
12
an
interpreter
or
translator
and
may
disqualify
any
person
from
13
serving
as
an
interpreter
or
translator.
The
bill
requires
14
electronic
rather
than
audio
recordings
of
the
portion
of
15
proceedings
where
non-English
testimony
is
given
to
be
made
and
16
maintained
for
one
year
after
entry
of
the
final
disposition
17
or
sentence
or
if
applicable,
until
one
year
after
final
18
disposition
of
any
appeal.
19
The
bill
makes
conforming
changes
to
the
definitions
of
20
“interpreter”,
“oral
language
interpreter”,
and
“sign
language
21
interpreter”
in
Code
chapter
622B
(deaf
and
hard-of-hearing
22
interpreters)
to
be
consistent
with
the
definitions
in
the
23
bill.
24
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