BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2013-2014 Regular Session
AB 715 (Dickinson)
As Amended June 25, 2013
Hearing Date: July 2, 2013
Fiscal: No
Urgency: No
RD
SUBJECT
Evidence: Interpreters
DESCRIPTION
This bill would update an obsolete cross-reference in the
Evidence Code relating to the fee waivers for the provision of
court interpreters to parties appearing in forma pauperis.
BACKGROUND
Under California law, Evidence Code Section 755, a party who
needs an interpreter and appears in forma pauperis (a phrase
indicating the permission given by a court to an indigent person
to initiate a legal action without having to pay for court fees
or costs due to his or her lack of financial resources) is
entitled to have the fees for that interpreter waived pursuant
to a specified section of law that previously provided
procedures for granting a court fee waiver to a litigant who
cannot afford to pay the fee.
Pursuant to AB 2448 (Feuer, Ch. 462, Stats. 2008), that
referenced section was revised, recast, and included in other
sections of the Government Code, with greater detail on the
procedures for making a determination on an application for a
fee waiver and a recovery of fees after a waiver has been
provided.
This bill would provide for the correct cross-reference under
current law to ensure parties appearing in forma pauperis and
requiring the assistance of a court interpreter have their
interpreter fees waived.
(more)
AB 715 (Dickinson)
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CHANGES TO EXISTING LAW
Existing law governs the waiver of court fees and costs. (Gov.
Code Sec. 68630 et seq.)
Existing law provides that in any action or proceeding in
specified cases involving domestic violence, parental rights,
and marriage dissolution or legal separation involving a
protective order, an interpreter must 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.
(Evid. Code Sec. 755(a).) Existing law provides that this
requirement is contingent upon federal funding. (Evid. Code
Sec. 755(e).)
Existing law provides that the fees of an interpreter shall be
waived for a party who needs an interpreter and appears in forma
pauperis pursuant to specified law. Existing law requires that
the Judicial Council amend a specified provision of a Rule of
Court and revise its forms accordingly by July 1, 1996. (Evid.
Code Sec. 755(b).)
This bill would correct the cross-reference to the sections
relating to parties appearing forma pauperis and remove obsolete
language requiring the Judicial Council to revise its forms by
July 1, 1996.
COMMENT
1. Stated need for the bill
According to the author:
Passed in 2009, Article 6 (commencing with Section 68630) of
Chapter 2 of Title 8 of the Government Code provides a
comprehensive statutory scheme for fee waivers for litigants
who cannot afford to pay the fee. This code section repealed
former Government Code [Section] 68511.3.
However, Evidence Code [Section] 755(b) which governs the
waiver of interpreter fees for person appearing in forma
pauperis, still contains the erroneous reference to Government
Code [Section] 68511.3. This cross reference needs to be
corrected in order to avoid confusion.
AB 715 (Dickinson)
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. . . This bill will simply delete that obsolete reference
and reference the correct code section: Article 6 (commencing
with Section 68630) of Chapter 2 of Title 8 of the Government
Code.
2. This bill would avoid confusion and ensure parties
appearing in forma pauperis who require the services of a
court interpreter are able to retain fee waivers for those
services
Under existing law, a party appearing in forma pauperis is
entitled to a fee waiver of court interpreter services. The
provision of the Evidence Code relating to this right
cross-references a statute that, prior to 2009, provided
procedures for granting a court fee waiver to a litigant who
cannot afford to pay court fees. As noted in the Background,
that provision was revised and recast by AB 2448 (Feuer, Ch.
462, Stats. 2008) in order to provide increased specificity to
the fee waiver process but that bill did not update the
cross-reference in the Evidence Code to reflect this change. By
correcting the cross-reference to reflect current law, this bill
would avoid any confusion or unintended consequences of having
this fee waiver premised upon an obsolete cross-reference.
Support : None Known
Opposition : None Known
HISTORY
Source : Consumer Attorneys of California
Related Pending Legislation : None Known
Prior Legislation : None Known
Prior Vote : Not relevant to the current version of this bill.
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