BILL NUMBER: AB 1657	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2014

INTRODUCED BY   Assembly Member Gomez
    (   Coauthor:   Assembly Member  
Chau   ) 

                        FEBRUARY 11, 2014

   An act to add  Section 756 to the Evidence Code, and to add
 Section 68092.1 to the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1657, as amended, Gomez. Courts: interpreters.
   The California Constitution provides that a person unable to
understand English who is charged with a crime has the right to an
interpreter throughout the proceedings. Existing statutory law
requires, in any civil or criminal action, as specified, a sign
language interpreter to be appointed for a party or witness who is
deaf or hearing-impaired and generally requires the payment of these
court interpreters' fees to be a charge against the court.
   Existing law also requires, in any specified action or proceeding
relating to domestic violence, an interpreter to be provided by the
court for a party who does not proficiently speak or understand the
English language to interpret the proceedings in a language that the
party understands and to assist communication between the party and
his or her attorney. Existing law generally requires court
interpreters' fees to be paid by the litigants in civil cases, as
directed by the court, but further requires the fees of an
interpreter to be waived for a party who needs an interpreter and
appears in forma pauperis.
   This bill would  expressly  authorize the court to
provide a court interpreter in any civil action or proceeding at no
cost to the parties, regardless of the income of the parties. 
The bill would require interpreters to be provided in accordance with
a specified order of priority, if sufficient funds are not
appropriated to provide an interpreter to every party who needs one.

   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.    Section 756 is added to the  
Evidence Code   , to read:  
   756.  (a) To the extent required by other state or federal laws,
the Judicial Council shall reimburse courts for court interpreter
services provided in civil actions and proceedings to any party who
is present in court and who does not proficiently speak or understand
the English language for the purpose of interpreting the proceedings
in a language the party understands, and assisting communications
between the party, his or her attorney, and the court.
   (b) If sufficient funds are not appropriated to provide an
interpreter to every party that meets the standard of eligibility,
the expansion of court interpreter services shall be phased in by
case type in the following order:
   (1) Parties proceeding in forma pauperis, pursuant to Section
68631 of the Government Code, in the following types of actions and
proceedings:
   (A) Actions and proceedings relating to domestic violence,
including family law matters that include issues of domestic
violence, and actions and proceedings under the Elder Abuse and
Dependent Adult Civil Protection Act (Chapter 11 (commencing with
Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code).
   (B) Actions and proceedings to terminate parental rights.
   (C) Actions and proceedings relating to conservatorship or
guardianship, including the appointment or termination of a probate
guardian or conservator.
   (D) Actions and proceedings relating to unlawful detainer.
   (E) Actions and proceedings by a parent to obtain sole legal or
physical custody of a child or rights to visitation.
   (2) Parties proceeding in forma pauperis, pursuant to Section
68631 of the Government Code, in the following types of actions and
proceedings:
   (A) All other actions and proceedings related to family law.
   (B) Actions and proceedings under Section 527.6 of the Code of
Civil Procedure.
   (3) Actions and proceedings in which a party is not appearing in
forma pauperis relating to domestic violence, including family law
matters that include issues of domestic violence, and actions and
proceedings under the Elder Abuse and Dependent Adult Civil
Protection Act (Chapter 11 (commencing with Section 15600) of Part 3
of Division 9 of the Welfare and Institutions Code).
   (4) All other civil actions or proceedings in which a party is
appearing in forma pauperis pursuant to Section 68631 of the
Government Code.
   (5) All other civil actions or proceedings in which a party is not
appearing in forma pauperis.
   (c) A party shall not be charged a fee for the provision of a
court interpreter.
   (d) This section shall not be construed to alter, limit, or negate
any right to an interpreter in a civil action or proceeding
otherwise provided by state or federal law, or the right to an
interpreter in criminal, traffic, or other infraction, juvenile, or
mental competency actions or proceedings.
   (e) This section shall not result in a reduction in staffing or
compromise the quality of interpreting services in criminal,
juvenile, or other types of matters in which interpreters are
provided. 
   SECTION 1.   SEC. 2.   Section 68092.1
is added to the Government Code, to read:
   68092.1.  Notwithstanding Section 26806 or 68092, or any other
law, a court may provide an interpreter in any civil action or
proceeding at no cost to the parties, regardless of the income of the
parties.  If sufficient funds are not appropriated to provide an
interpreter to every party who needs one, interpreters shall be pr
  ovided in accordance with the priorities set forth in
Section 756 of the Evidence Code.