House Study Bill 70 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR 1 An Act relating to interpreters and translators for 2 limited-English-proficient, deaf, and hard-of-hearing 3 persons in certain legal proceedings, making appropriations, 4 and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1372XD (6) 89 cm/jh S.F. _____ H.F. _____ 1 Section 1. Section 331.424, subsection 1, paragraph a, 2 subparagraph (6), Code 2021, is amended to read as follows: 3 (6) The maintenance and operation of the courts, including 4 but not limited to the salary and expenses of the clerk of the 5 district court and other employees of the clerk’s office, and 6 bailiffs, court costs if the prosecution fails or if the costs 7 cannot be collected from the person liable, costs and expenses 8 of prosecution under section 189A.17, salaries and expenses 9 of juvenile court officers under chapter 602, court-ordered 10 costs in domestic abuse cases under section 236.5, sexual abuse 11 cases under section 236A.7, and elder abuse cases under section 12 235F.6, the county’s expense for confinement of prisoners under 13 chapter 356A, temporary assistance to the county attorney, 14 county contributions to a retirement system for bailiffs, 15 reimbursement for judicial magistrates under section 602.6501, 16 claims filed under section 622.93, sign language interpreters’ 17 fees under section 622B.7, uniform citation and complaint 18 supplies under section 805.6, and costs of prosecution under 19 section 815.13. 20 Sec. 2. Section 622A.1, Code 2021, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION. 1A. “Interpreter” means a person who 23 transfers the meaning of spoken or written words in one 24 language into the equivalent meaning in another spoken 25 language. 26 NEW SUBSECTION. 3. “Limited English proficient” means the 27 inability to adequately understand or effectively communicate 28 in the English language because a person’s primary language is 29 a language other than English. 30 NEW SUBSECTION. 4. “Translator” means a person who 31 transfers the meaning of written or spoken words in one 32 language into the equivalent meaning in the written words of 33 another language. 34 Sec. 3. Section 622A.2, Code 2021, is amended to read as 35 follows: LSB 1372XD (6) 89 -1- cm/jh 1/11 S.F. _____ H.F. _____ 1 622A.2 Who entitled to interpreter Limited-English-proficient 2 persons —— when entitled to an interpreter or a translator. 3 1. Every A limited-English-proficient person who cannot 4 speak or understand the English language and who is a party to 5 any legal proceeding or a witness therein, shall be entitled to 6 an interpreter to assist such person throughout the proceeding. 7 2. A limited-English-proficient person who is a party to any 8 legal proceeding shall be entitled to a translator to produce 9 a written translation of written or electronically recorded 10 material only when a court determines that an oral or sign 11 interpretation of the material is not sufficient to ensure due 12 process under the circumstances. 13 Sec. 4. Section 622A.3, subsection 1, unnumbered paragraph 14 1, Code 2021, is amended to read as follows: 15 An interpreter or translator shall be appointed without 16 expense to the a limited-English-proficient person requiring 17 assistance in the following cases: 18 Sec. 5. Section 622A.3, subsection 2, Code 2021, is amended 19 by striking the subsection and inserting in lieu thereof the 20 following: 21 2. The state court administrator shall receive, review, 22 and pay fee claims from an interpreter or translator appointed 23 under subsection 1, including all interpreter or translator 24 claims formerly paid from the indigent defense fund. The 25 fees shall be paid from the revolving fund created in section 26 602.1302, subsection 3, when a limited-English-proficient 27 person is entitled to an interpreter or translator under 28 section 622A.2 and the interpreter or translator services are 29 not provided before an administrative agency. 30 Sec. 6. Section 622A.3, Code 2021, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION. 2A. In civil cases, every court shall tax 33 the costs of an interpreter or translator the same as other 34 court costs. 35 NEW SUBSECTION. 2B. In criminal cases, where the defendant LSB 1372XD (6) 89 -2- cm/jh 2/11 S.F. _____ H.F. _____ 1 is indigent, the interpreter or translator shall be considered 2 as a defendant’s witness under rule of criminal procedure 2.15 3 for the purpose of receiving fees, except that subpoenas shall 4 not be required. 5 NEW SUBSECTION. 2C. An administrative agency shall pay 6 an interpreter when a limited-English-proficient person 7 is entitled to an interpreter under section 622A.2 and the 8 interpreter services are provided before an administrative 9 agency. The agency may require that the party to the 10 proceeding pay the expense of the interpreter. 11 Sec. 7. Section 622A.4, Code 2021, is amended to read as 12 follows: 13 622A.4 Fee set by court —— payment or administrative agency. 14 Every interpreter appointed by a court or administrative 15 agency shall receive a fee to be set by the court or 16 administrative agency. If the interpreter is appointed by the 17 court in a civil case for a person who is indigent and unable 18 to secure an interpreter, the fee for the interpreter shall be 19 paid from the revolving fund established in section 602.1302, 20 subsection 3. 21 Sec. 8. Section 622A.5, Code 2021, is amended to read as 22 follows: 23 622A.5 Oath. 24 Every interpreter and translator in any legal proceeding 25 shall take the same an oath as any other witness consistent 26 with the rules the supreme court adopts under this chapter. 27 Sec. 9. Section 622A.6, Code 2021, is amended to read as 28 follows: 29 622A.6 Qualifications, neutrality, and integrity. 30 Any court or administrative agency may inquire into the 31 qualifications, neutrality, and integrity of any interpreter 32 or translator, and may disqualify any person from serving as 33 an interpreter or translator. 34 Sec. 10. Section 622A.7, Code 2021, is amended to read as 35 follows: LSB 1372XD (6) 89 -3- cm/jh 3/11 S.F. _____ H.F. _____ 1 622A.7 Rules. 2 The supreme court, after consultation with the commission 3 of Latino affairs of the department of human rights and other 4 appropriate departments, shall adopt rules governing the 5 qualifications and compensation of interpreters or translators 6 appearing in legal proceedings before a court or grand jury 7 under this chapter. However, an administrative agency which is 8 subject to chapter 17A may adopt rules differing from those of 9 the supreme court governing the qualifications and compensation 10 of interpreters or translators appearing in proceedings before 11 that agency. 12 Sec. 11. Section 622A.8, Code 2021, is amended to read as 13 follows: 14 622A.8 Tape Electronic recording of testimony. 15 A tape An electronic recording of the portion of 16 proceedings where non-English testimony is given shall be 17 made and maintained for one year after the entry of the final 18 disposition or sentence or, if the final judgment is appealed, 19 until one year after the final disposition of the appeal. 20 Sec. 12. NEW SECTION. 622A.9 Privileged communications. 21 Communications between a limited-English-proficient person 22 and a third party which are privileged under chapter 622 23 in which an interpreter or translator participates as an 24 interpreter or translator shall be privileged with regard to 25 the interpreter or translator. 26 Sec. 13. Section 622B.1, Code 2021, is amended to read as 27 follows: 28 622B.1 Definitions —— rules. 29 1. As used in this chapter, unless the context otherwise 30 requires: 31 a. “Administrative agency” means any department, board, 32 commission, or agency of the state or any political subdivision 33 of the state. 34 b. “Deaf person” means an individual who uses sign language 35 as the person’s primary mode of communication and who may use LSB 1372XD (6) 89 -4- cm/jh 4/11 S.F. _____ H.F. _____ 1 sign language interpreters to facilitate communication. 2 c. “Hard-of-hearing person” means an individual who 3 is unable to hear and distinguish sounds within normal 4 conversational range and who needs to use speechreading, 5 assistive listening devices, or oral interpreters other 6 reasonable accommodations to facilitate communication. 7 d. “Interpreter” means an oral interpreter or sign language 8 interpreter. 9 e. “Oral interpreter” means an interpreter who is fluent in 10 transliterating, paraphrasing, and voicing. 11 f. d. “Sign language interpreter” means an interpreter a 12 person who is able to interpret from sign language to English 13 and English to into an oral language and from an oral language 14 into sign language. 15 2. The supreme court, after consultation with the 16 department of human rights, shall adopt rules governing the 17 qualifications and compensation of sign language interpreters 18 appearing in a legal proceeding before a court, grand jury, or 19 before an administrative agency under this chapter. However, 20 an administrative agency which is subject to chapter 17A 21 may adopt rules differing from those of the supreme court 22 governing the qualifications and compensation of sign language 23 interpreters appearing in proceedings before that agency. 24 Sec. 14. Section 622B.2, Code 2021, is amended to read as 25 follows: 26 622B.2 Interpreter appointed. 27 If a deaf or hard-of-hearing person is a party to, a witness 28 at, or a participant in a proceeding before a grand jury, 29 court, or administrative agency of this state, the court 30 or administrative agency shall appoint an a sign language 31 interpreter without expense to the deaf or hard-of-hearing 32 person to interpret or translate the proceedings to the deaf 33 or hard-of-hearing person and to interpret or translate the 34 person’s testimony unless the deaf or hard-of-hearing person 35 waives the right to an a sign language interpreter. LSB 1372XD (6) 89 -5- cm/jh 5/11 S.F. _____ H.F. _____ 1 Sec. 15. Section 622B.3, Code 2021, is amended to read as 2 follows: 3 622B.3 Notice of need. 4 When a deaf or hard-of-hearing person is entitled to an a 5 sign language interpreter, the deaf or hard-of-hearing person 6 shall notify the presiding official within three days after 7 receiving notice of the proceeding, stating the disability and 8 requesting the services of an a sign language interpreter. If 9 the deaf or hard-of-hearing person receives notification of an 10 appearance less than five days prior to the proceeding, that 11 person shall notify the presiding official requesting an a sign 12 language interpreter as soon as practicable or may apply for a 13 continuance until an a sign language interpreter is appointed. 14 Sec. 16. Section 622B.4, Code 2021, is amended to read as 15 follows: 16 622B.4 List. 17 The office of deaf services of the department of human rights 18 shall prepare and continually update a listing of qualified 19 and available sign language interpreters. The courts and 20 administrative agencies shall maintain a directory of qualified 21 interpreters for deaf and hard-of-hearing persons as furnished 22 by the department of human rights. The office of deaf services 23 shall maintain a list of sign language interpreters which 24 shall be made available to a court, administrative agency, or 25 interested parties to an action using the services of an a sign 26 language interpreter. 27 Sec. 17. Section 622B.5, Code 2021, is amended to read as 28 follows: 29 622B.5 Oath. 30 Before participating in a proceeding, an a sign 31 language interpreter shall take an oath that the sign 32 language interpreter will make a true interpretation in an 33 understandable manner to the person for whom the sign language 34 interpreter is appointed and that the sign language interpreter 35 will interpret or translate the statements of the deaf or LSB 1372XD (6) 89 -6- cm/jh 6/11 S.F. _____ H.F. _____ 1 hard-of-hearing person to the best of the sign language 2 interpreter’s skills and judgment. 3 Sec. 18. Section 622B.6, Code 2021, is amended to read as 4 follows: 5 622B.6 Privileged communications. 6 Communication between a deaf or hard-of-hearing person 7 and a third party which is privileged under chapter 622 in 8 which the sign language interpreter participates as an a sign 9 language interpreter shall be privileged to the sign language 10 interpreter. 11 Sec. 19. Section 622B.7, Code 2021, is amended to read as 12 follows: 13 622B.7 Fee. 14 An A sign language interpreter appointed under this chapter 15 is entitled to a reasonable fee and expenses as determined 16 by the rules applying to that proceeding. This schedule 17 shall be furnished to all courts and administrative agencies 18 and maintained by them. If the sign language interpreter is 19 appointed by the court, the fee and expenses shall be paid by 20 the county and if the sign language interpreter is appointed by 21 an administrative agency, the fee and expenses shall be paid 22 out of funds available to the administrative agency. 23 Sec. 20. Section 622B.8, Code 2021, is amended to read as 24 follows: 25 622B.8 Disqualification. 26 On motion of a party or on its own motion, a court or 27 administrative agency shall inquire into the qualifications, 28 neutrality, and integrity of an a sign language interpreter. A 29 court or administrative agency may disqualify for good reason 30 any person from serving as an a sign language interpreter 31 in that proceeding. If an a sign language interpreter is 32 disqualified, the court or administrative agency shall appoint 33 another sign language interpreter. 34 Sec. 21. Section 815.11, Code 2021, is amended to read as 35 follows: LSB 1372XD (6) 89 -7- cm/jh 7/11 S.F. _____ H.F. _____ 1 815.11 Appropriations for indigent defense —— fund created. 2 1. Costs incurred for legal representation by a 3 court-appointed attorney under chapter 229A, 665, 822, or 908, 4 or section 232.141, subsection 3, paragraph “d”, or section 5 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 6 815.10 on behalf of an indigent shall be paid from moneys 7 appropriated by the general assembly to the office of the 8 state public defender in the department of inspections and 9 appeals and deposited in an account to be known as the indigent 10 defense fund, except as provided in subsection 2. Costs 11 incurred representing an indigent defendant in a contempt 12 action, representing an indigent juvenile in a juvenile court 13 proceeding, or representing a person pursuant to section 13B.13 14 are also payable from the fund. However, costs incurred in any 15 administrative proceeding or in any other proceeding under this 16 chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or 17 other provisions of the Code or administrative rules are not 18 payable from the fund. 19 2. The costs and fees associated with translators, foreign 20 language interpreters, and sign language interpreters are not 21 payable from this fund. The costs and fees of sign language 22 interpreters shall be paid by the county pursuant to section 23 622B.7, and the costs and fees of translators and foreign 24 language interpreters shall be paid pursuant to section 25 622A.3 from moneys appropriated by the general assembly to the 26 judicial branch revolving fund created pursuant to section 27 602.1302, subsection 3. 28 Sec. 22. INTERPRETERS AND TRANSLATORS —— TRANSFER OF 29 ADMINISTRATION AND APPROPRIATION. Moneys appropriated to the 30 indigent defense fund created in section 815.11 for payment of 31 interpreters and translators during the fiscal year beginning 32 July 1, 2021, and ending June 30, 2022, shall be used by 33 the state public defender for payment of costs and fees of 34 interpreters and translators the state public defender has 35 received prior to the effective date of this Act. Moneys