BILL NUMBER: AB 810 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Wagner
FEBRUARY 17, 2011
An act to amend Section 27293 Sections
27293 and 69894.5 of, and to repeal Section 26806 of, the
Government Code, relating to local government
courts .
LEGISLATIVE COUNSEL'S DIGEST
AB 810, as amended, Wagner. Local government: counties:
Courts: translators.
(1) Existing law authorizes the clerk of the court, in counties
with a population of 900,000 or more, to employ as many foreign
language interpreters as are necessary to interpret in criminal and
juvenile cases, and to translate documents intended for filing in any
civil or criminal action or proceeding or for recordation in the
county recorder's office, as specified. Existing law authorizes
an interpreter so employed to collect from the litigants a specified
fee for his or her services, and to deposit the fee into the county
treasury.
This bill would repeal these provisions
recast these provisions and delete the authorization for
the clerk of the court to employ foreign language interpreters for
the purpose of translating documents for recordation in the county
recorder's office. This bill would, instead, provide that the fee
charged by the interpreter for document translation be set by
agreement between the court and the interpreter, and require that the
fee be deposited into the Trial Court Trust Fund .
(2) Existing law prohibits a county recorder from accepting an
instrument for record that is in whole or in part a language other
than English. Existing law authorizes the recorder to accept a
translation in English of an instrument executed or certified in
whole or in part in a language other than English if the instrument
is accompanied by a verification that the translation was performed
by a certified or registered court interpreter or an accredited
translator, as specified.
This bill would instead require that the instrument be accompanied
by a verification that the translation was performed by an
accredited translator.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26806 of the Government Code is repealed.
SEC. 2. Section 27293 of the Government Code is amended to read:
27293. (a) (1) Except as otherwise provided in subdivision (b),
if an instrument intended for record is executed or certified in
whole or in part in a language other than English, the recorder shall
not accept the instrument for record.
(2) (A) A translation in English of an instrument executed or
certified in whole or in part in a language other than English may be
presented to the county clerk for verification that the translation
was performed by an accredited translator registered with the
American Translators Association. The translation shall be
accompanied by a notarized declaration by the translator that the
translation is true and accurate, and includes the certification,
qualification, or registration of the interpreter or translator. The
clerk shall consult an Internet Web site maintained by the Judicial
Council or the American Translators Association in verifying the
certification, qualification, or registration of the translator.
(B) Upon verification that the translation was performed by a
translator described in subparagraph (A), and that the translation is
accompanied by a notarized declaration as required pursuant to
subparagraph (A), the clerk shall duly make certification of that
verification under seal of the county, attach the certification to
the translation, and attach the certified translation to the original
instrument.
(C) For this verification and certification, a fee of ten dollars
($10) shall be paid to the county clerk for each document submitted
for certification. The attached original instrument and certified
translation may be presented to the recorder, and, upon payment of
the usual fees, the recorder shall accept and permanently file the
instrument and record the certified translation. The recording of the
certified translation gives notice and is of the same effect as the
recording of an original instrument. Certified copies of the recorded
translation may be recorded in other counties, with the same effect
as the recording of the original translation, provided, however, that
in those counties where a photostatic or photographic method of
recording is employed, the whole instrument, including the foreign
language and the translation, may be recorded, and the original
instrument returned to the party leaving it for record or upon his or
her order.
(b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in a language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
(c) The county clerk is not required to issue a translation
certificate if he or she is unable to confirm the certification,
registration, or accreditation of the translator, as required in
subdivision (a).
SEC. 3. Section 69894.5 of the
Government Code is amended to read:
69894.5. The (a) (1)
A person who is unable to understand English
who is charged with a crime has a right to an interpreter throughout
the proceedings.
(2) This subdivision does not constitute a change in, but is
declaratory of, existing law.
(b) In counties having a population of 900,000 or more all of the
following shall apply:
(1) The clerk of the court may employ as many foreign language
interpreters as may be necessary to interpret in criminal cases in
the superior court, and in the juvenile court within the county, and
to translate documents intended for filing in any civil or criminal
proceeding.
(2) The clerk of the court, shall, when interpreters are needed,
assign the interpreters so employed to interpret in criminal and
juvenile cases in the superior court.
(3) The clerk of the court may also assign the interpreters so
employed to interpret in civil cases in superior court when their
services are not required in criminal or juvenile cases. When so
assigned, an interpreter shall also collect from the litigants the
fee fixed by the court and shall deposit that fee in the Trial Court
Trust Fund.
(4) The interpreters so employed shall, when assigned to do so by
the clerk of the court, translate documents to be filed in any civil
or criminal action or proceeding. The fee to be collected for
translating each document or preparing a copy of the translation
shall be determined by agreement between the court and the
interpreter preparing the translation. The fee shall be deposited in
the Trial Court Trust Fund.
(c) The court may by
rule employ and assign officers or attach�s
persons to perform the duties outlined in
Section 26806 of the Government Code this
section as provided in the Trial Court Interpreter Employment and
Labor Relations Act (Chapter 7.5 (commencing with Section 71800) of
Title 8) .