BILL ANALYSIS Ó 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) Page 2 of ? 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) Page 3 of ? . . . 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. **************