BILL NUMBER: AB 715	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  MAY 14, 2013

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 21, 2013

    An act to amend Section 755 of the Evidence Code,
relating to evidence.   An act to amend Section 755 of
the Evidence Code, relating to evidence. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 715, as amended, Dickinson.  Evidence: interpreters. 
   Existing law provides that in any action or proceeding under
specified provisions of the Family Code relating to domestic
violence, in which a party does not proficiently speak or understand
the English language is present, an interpreter shall be present to
interpret the proceedings in a language that the party understands,
and to assist communication between the party and his or her
attorney, except that a court may issue prescribed orders ex parte
without an interpreter. Existing law specifies that the fees of these
interpreters shall be paid by the parties, except that these fees
shall be waived for parties who need an interpreter and appear in
forma pauperis. Existing law also requires the Judicial Council to
revise a specified court rule and related court forms accordingly.
 
   This bill would revise cross-references to and delete obsolete
provisions of law.  
   Existing law provides that in any action or proceeding under
specified provisions of the Family Code relating to domestic
violence, in which a party does not proficiently speak or understand
the English language is present, an interpreter shall be present to
interpret the proceedings in a language that the party understands,
and to assist communication between the party and his or her
attorney, except that a court may issue prescribed orders ex parte
without an interpreter. Existing law specifies that the fees of these
interpreters shall be paid by the parties, except that these fees
shall be waived for parties who need an interpreter and appear in
forma pauperis. Existing law also requires the Judicial Council to
revise a specified court rule and related court forms accordingly.
 
   This bill would delete obsolete provisions of law. 
   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 755 of the   Evidence
Code   is amended to read: 
   755.  (a) In  any   an  action or
proceeding under Division 10 (commencing with Section 6200) of the
Family Code, and in  any   an  action or
proceeding under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code) or for dissolution
or nullity of marriage or legal separation of the parties in which a
protective order has been granted or is being sought pursuant to
Section 6221 of the Family Code, in which a party does not
proficiently speak or understand the English language, and that party
is present, an interpreter, as provided in this section, shall be
present to interpret the proceedings in a language that the party
understands, and to assist communication between the party and his or
her attorney. Notwithstanding this requirement, a court may issue an
ex parte order pursuant to Sections 2045 and 7710 of, and Article 1
(commencing with Section 6320) of Chapter 2 of Part 4 of Division 10
of the Family Code, without the presence of an interpreter. The
interpreter selected shall be certified pursuant to Article 4
(commencing with Section 68560) of Chapter 2 of Title 8 of the
Government Code, unless the court in its discretion appoints an
interpreter who is not certified.
   (b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code. However, the fees of an interpreter shall be waived
for a party who needs an interpreter and appears in forma pauperis
pursuant to  Section 68511.3   Article 6
(commencing with Section 68630) of the Government Code. 
The Judicial Council shall amend subdivision (i) of California Rule
of Court 985 and revise its forms accordingly by July 1, 1996.

   (c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:
   (1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
   (2) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
   (3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.
   (d) This section does not prohibit the presence of any other
person to assist a party.
   (e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act (P.L.
103-322) for these federal funds or for funds from sources other than
the state to implement this section. A local public entity and the
Judicial Council shall comply with the requirements of this section
only to the extent that any of these funds are made available.
   (f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.

  SECTION 1.    Section 755 of the Evidence Code is
amended to read:
   755.  (a) In an action or proceeding under Division 10 (commencing
with Section 6200) of the Family Code, and in an action or
proceeding under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code) or for dissolution
or nullity of marriage or legal separation of the parties in which a
protective order has been granted or is being sought pursuant to
Section 6221 of the Family Code, in which a party does not
proficiently speak or understand the English language, and that party
is present, an interpreter, as provided in this section, shall be
present to interpret the proceedings in a language that the party
understands, and to assist communication between the party and his or
her attorney. Notwithstanding this requirement, a court may issue an
ex parte order pursuant to Sections 2045 and 7710 of, and Article 1
(commencing with Section 6320) of Chapter 2 of Part 4 of Division 10
of the Family Code, without the presence of an interpreter. The
interpreter selected shall be certified pursuant to Article 4
(commencing with Section 68560) of Chapter 2 of Title 8 of the
Government Code, unless the court in its discretion appoints an
interpreter who is not certified.
   (b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code.
   (c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:
   (1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
   (2) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
   (3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.
   (d) This section does not prohibit the presence of any other
person to assist a party.
   (e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act (P.L.
103-322) for these federal funds or for funds from sources other than
the state to implement this section. A local public entity and the
Judicial Council shall comply with the requirements of this section
only to the extent that any of these funds are made available.
   (f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.