BILL NUMBER: AB 1657 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2014
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 , and to repeal Section 755 of,
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
(1) 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 until sufficient
funds are not appropriated to provide an
interpreter to every party who needs one.
(2) Existing law requires, in any action or proceeding under
specified provisions of the Family Code 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, except that a court is authorized to issue prescribed
orders ex parte without an interpreter. Existing law requires the
fees of these interpreters to be paid by the parties, except that
these fees shall be waived for parties who need an interpreter and
appear in forma pauperis.
This bill would repeal those provisions.
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 755 of the Evidence
Code is repealed.
755. (a) In any action or proceeding under Division 10
(commencing with Section 6200) of the Family Code, and in any action
or proceeding under the Uniform Parentage Act (Part 3 (commencing
with Section 7600) of Division 12 of the Family Code) or for
dissolution or nullity of marriage or legal separation of the parties
in which a protective order has been granted or is being sought
pursuant to Section 6221 of the Family Code, in which a party does
not proficiently speak or understand the English language, and that
party is present, an interpreter, as provided in this section, shall
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. Notwithstanding this requirement, a court may issue an
ex parte order pursuant to Sections 2045 and 7710 of, and Article 1
(commencing with Section 6320) of Chapter 2 of Part 4 of Division 10
of the Family Code, without the presence of an interpreter. The
interpreter selected shall be certified pursuant to Article 4
(commencing with Section 68560) of Chapter 2 of Title 8 of the
Government Code, unless the court in its discretion appoints an
interpreter who is not certified.
(b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code. However, the fees of an interpreter shall be waived
for a party who needs an interpreter and appears in forma pauperis
pursuant to Section 68511.3 of the Government Code. The Judicial
Council shall amend subdivision (i) of California Rule of Court 985
and revise its forms accordingly by July 1, 1996.
(c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:
(1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
(2) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
(3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.
(d) This section does not prohibit the presence of any other
person to assist a party.
(e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act (P.L.
103-322) for these federal funds or for funds from sources other than
the state to implement this section. A local public entity and the
Judicial Council shall comply with the requirements of this section
only to the extent that any of these funds are made available.
(f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.
SECTION 1. SEC. 2. 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 civil cases reimbursed by
the Judicial Council, pursuant to subdivision (a), shall be
prioritized by case type by each court 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)
(1) Actions and proceedings relating to
domestic violence, including family law matters that include issues
of domestic violence, and under Division 10
(commencing with Section 6200) of the Family Code, actions or
proceedings under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code) in which a
protective order has been granted or is being sought pursuant to
Section 6221 of the Family Code, and actions and proceedings for
dissolution or nullity of marriage or legal separation of the parties
in which a protective order has been granted or is being sought
pursuant to Section 6221 of the Family Code; actions and
proceedings under subdivision (w) of Section 527.6 of the Code
of Civil Procedure; and actions and proceedings for physical abuse or
neglect 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).
(2) Actions and proceedings relating to unlawful detainer.
(B)
(3) Actions and proceedings to terminate parental
rights.
(C)
(4) 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)
(5) 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:
(6) All other actions and proceedings under Section 527.6 of the
Code of Civil Procedures or 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).
(A)
(7) 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)
(8) All other civil actions or proceedings in
which a party is appearing in forma pauperis pursuant to Section
68631 of the Government Code. proceedings.
(5) All other civil actions or proceedings in which a party is not
appearing in forma pauperis.
(c) (1) If funds are not available to provide an interpreter to
every party that meets the standard of eligibility, preference shall
be given for parties proceeding in forma pauperis pursuant to Section
68631 of the Government Code in any civil action or proceeding
described in paragraph (3), (4), (5), (6), (7), or (8) of subdivision
(b).
(2) Courts may provide an interpreter to a party outside the
priority order listed in subdivision (b) when a qualified interpreter
is present and available at the court location and no higher
priority action that meets the standard of eligibility described in
subdivision (a) is taking place at that location during the period of
time for which the interpreter has already been compensated.
(c)
(d) A party shall not be charged a fee for the
provision of a the court interpreter.
(e) In seeking reimbursement for court interpreter services, the
court shall identify to the Judicial Council the case types for which
the interpretation to be reimbursed was provided.
(d)
(f) 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)
(g) 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.
SEC. 2. SEC. 3. Section 68092.1 is
added to the Government Code, to read:
68092.1. Notwithstanding (a)
The Legislature finds and declares that it is imperative
that courts provide interpreters to all parties who require one, and
that both the legislative and judicial branches of government
continue in their joint commitment to carry out this shared goal.
(b) Notwit hstanding
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
However, until sufficient funds are not
appropriated to provide an interpreter to every party who
needs one, interpreters shall initially be provided in
accordance with the priorities set forth in Section 756 of the
Evidence Code.