BILL NUMBER: AB 1127 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 2, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chau
FEBRUARY 22, 2013
An act to add Section 68567 to the Government Code, relating to
courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1127, as amended, Chau. Courts: California Language Access Task
Force.
Existing law requires, when a witness is incapable of
understanding the English language or expressing himself or herself
in the English language so as to be understood directly by counsel,
court, and jury, an interpreter to be sworn to interpret for him or
her. Existing law requires the Judicial Council to conduct a study of
language and interpreter use and need in court proceedings, with
commentary, and to report its findings and recommendations to the
Governor and to the Legislature every 5 years. Existing law requires
that this study serve as the basis for determining the need to
establish interpreter programs and certification and for establishing
these programs and examinations through the normal budgetary
process.
This bill would, on or before March 1, 2014,
upon the appropriation of funding for these purposes,
require the Judicial Council , on or before March 1, 2014,
to establish the California Language Access Task Force, as
specified, which would be responsible for developing a comprehensive
statewide Language Access Plan (LAP) for use by courts to address the
needs of all limited-English-proficient individuals in conformance
with state and federal law. The bill would require the task force to,
among other things, establish standards for meaningful and timely
provision of language services in all court proceedings and at all
public points of contact within the courts, and to establish a
statewide plan to provide for the translation of court documents
using competent and qualified interpreters. The bill would require
the Judicial Council to adopt a statewide LAP on or before
December 31, 2014. the task force to provide
the LAP to the Judicial Council by September 1, 2014, and would
require the Judicial Council to adopt a statewide LAP based on the
LAP provided by the task force by December 31, 2014. The bill
would also make related legislative findings and declarations.
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. The Legislature hereby finds and declares the
following:
(a) California is one of the most linguistically diverse states in
the nation. As language diversity continues to increase, there is a
greater need to ensure that all Californians have meaningful access
to the court system.
(b) There continues to be a need to expand and improve California'
s ability to provide language assistance within the judicial system.
(c) Currently, California has not developed a statewide plan to
address the needs of limited-English-proficient individuals in all
court proceedings and at all public points of contact within our
courts.
SEC. 2. Section 68567 is added to the Government Code, to read:
68567. (a) On or before March 1, 2014, the Judicial Council shall
establish the California Language Access Task Force, which shall be
responsible for developing a comprehensive statewide Language Access
Plan (LAP) for use by courts to address the needs of all
limited-English-proficient individuals in conformance with state and
federal law.
(b) The task force shall include court executive officers,
presiding judges, interpreter coordinators, interpreters, at least
two of whom shall be nominated by an exclusive representative of
interpreter employees, representatives of legal services
organizations and organizations representing individuals with limited
English proficiency, and others the Judicial Council determines
necessary. The task force shall also include a representative from a
rural community in order to highlight the particular challenges of
providing court interpreter services in rural communities.
(c) In developing the LAP, the task force shall do all of the
following:
(1) Establish standards for meaningful and timely provision of
language services in all court proceedings and at all public points
of contact within the courts.
(2) Establish procedures for gathering comprehensive data on the
language access needs of court users, including, but not limited to,
providing a means of registering an individual's language needs in
court documents. These procedures should provide metrics on the need
for interpreter services in court proceedings and ancillary programs
and services.
(3) Review current court interpreter procedures and recommend
improvements or additional procedures to provide the most competent
interpreter services to limited-English-proficient court users and to
ensure compliance with Rule 2.890 of the California Rules of Court.
(4) Review current court procedures and recommend improvements or
additional procedures to maximize existing language resources,
including bilingual staff, court interpreters, translators, and other
resources shared among courts to expand access to language services
at all public points of contact within the courts.
(5) Review current practices and develop strategies to provide
interpreter services that comply with the Trial Court Interpreter
Employment and Labor Relations Act (Chapter 7.5 (commencing with
Section 71800) of Title 8) in all court proceedings. The review may
include the evaluation of any programs providing interpreters in
domestic violence cases or other civil cases, including any pilot
projects.
(6) Establish a statewide plan to provide for the translation of
court documents using competent and qualified interpreters.
(7) Establish a plan to provide education and training to judicial
officers, court personnel, and court-appointed professionals on the
legal requirements for language access, court policies and rules
pertaining to language access, language service provider
qualifications, ethics pertaining to interpreter services, the
effective use of translated court documents, and effective techniques
for working with language service providers.
(8) Review and consider the American Bar Association's Standards
for Language Access in Courts, as adopted February 2012.
(9) The Judicial Council shall adopt a statewide LAP on or before
December 31, 2014.
(d) On or before September 1, 2014, the task force shall provide
the LAP to the Judicial Council.
(e) On or before December 31, 2014, the Judicial Council shall
adopt a statewide LAP based on the LAP provided by the task force.
(f) The requirements of this section shall be implemented upon the
appropriation of funding for these purposes in the annual Budget Act
or another statute.