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)
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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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