BILL NUMBER: AB 810	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 17, 2011

    An act to amend Sections 27293 and 69894.5 of, and to
repeal Section 26806 of, the Government Code, relating to courts.
  An act to repeal Section 26806 of, and to repeal and
add Section 69894.5 of, the Government Code, relating to courts.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 810, as amended, Wagner. Courts: translators. 
   (1) Existing 
    Existing  law authorizes the clerk of the court, in
 counties   a county  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 recast these provisions  and delete the
authorization for   to authorize  the clerk of the
court to employ  as many  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  
as may be necessary to interpret cases in the superior court, and to
translate documents as specified. The bill would require the clerk of
the court to assign interpreters when needed to interpret in
criminal and juvenile delinquency cases in the superior court, and in
civil cases if an assignment can be made without causing the court
to be unable to perform its obligations in criminal proceedings. The
bill would delete the authorization for the collection of a fee, and
would state that these provisions are declarative of existing law
 . 
   (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: 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 69894.5 of the  
Government Code   is repealed.  
   69894.5.  The court may by rule employ and assign officers or
attach�s to perform the duties outlined in Section 26806 of the
Government Code. 
   SEC. 3.    Section 69894.5 is added to the  
Government Code   , to read:  
   69894.5.  (a) A person unable to understand English who is charged
with a crime has a right to an interpreter throughout the
proceedings.
   (b) The clerk of the court may employ as many foreign language
interpreters as may be necessary to interpret cases in the superior
court, and to translate documents as may be required, pursuant to the
Trial Court Interpreter Employment and Labor Relations Act Chapter
7.5 (commencing with Section 71800) of Title 8).
   (c) In addition to any other right to an interpreter, the clerk of
the court shall, when interpreters are needed, assign interpreters
to interpret in criminal and juvenile delinquency cases in the
superior court.
   (d) The clerk of the court may also assign interpreters to
interpret in civil cases in the superior court, if an assignment in a
civil case can be made without causing the court to be unable to
perform its obligations in criminal proceedings.
   (e) This section is declarative of existing law.  
  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.  (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 employ and assign persons to perform the duties
outlined in this section as provided in the Trial Court Interpreter
Employment and Labor Relations Act (Chapter 7.5 (commencing with
Section 71800) of Title 8).