Amended in Senate June 9, 2014

Amended in Assembly May 13, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2370


Introduced by Assembly Member Chau

February 21, 2014


An act to amend Section 68561 of the Government Code, relating to court interpreters.

LEGISLATIVE COUNSEL’S DIGEST

AB 2370, as amended, Chau. Court interpreters.

Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Existing law provides that any person who interprets in a court proceeding using a language designated by the Judicial Council is required to be a certified court interpreter for the language used. Existing law authorizes the court, for good cause, to appoint an interpreter who does not hold an interpreter certificate for a designated language. Existing law authorizes a person who interprets in a court proceeding using a language not designated by the Judicial Council to be qualified by the court under qualification procedures and guidelines adopted by the Judicial Council, and to be designated as a registered interpreter if he or she passes an approved English fluency examination. Existing law requires interpreters to establish to the court that they meet the requirements described above under procedures adopted by the Judicial Council and also requires the court record to show that the interpreter is a certified interpreter or qualified as an interpreter for good cause or for a nondesignated language, as specified.

This bill would additionally requirebegin delete theend deletebegin insert aend insert judge inbegin delete aend deletebegin insert anyend insert court proceeding, when using a qualified interpreter, tobegin delete requireend deletebegin insert have stated on the record a finding that a certified or registered interpreter is not available,end insert the name of thebegin delete interpreterend deletebegin insert interpreter,end insert and a statement that he or she meets the qualification requirements specifiedbegin delete above to be stated on the record. Whenend deletebegin insert above, and that the interpreter’s oath was administered to the qualified interpreter, as specified. The bill would also require a judge in any court proceeding, whenend insert using a certified or registered court interpreter,begin delete the bill would require, among other things,end deletebegin insert to have stated on the recordend insert the name of the interpreter,begin delete the status ofend delete his or herbegin insert currentend insert interpreter certification orbegin delete registration,end deletebegin insert registration number, the language to be interpreted, a statement that the certified or registered interpreter’s identification has been verified by the court,end insert and a statement that the interpreter’s oath was administered tobegin delete the interpreter,end deletebegin insert him or her,end insert or that he or she has an oath on file with the court, asbegin delete specified, to be stated on the recordend deletebegin delete.end deletebegin insert specified. The bill would require similar information to be stated for the record in depositions where a judge is not present, as specified.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 68561 of the Government Code is
2amended to read:

3

68561.  

(a) Except for good cause as provided in subdivision
4(c), a person who interprets in a court proceeding using a language
5designated by the Judicial Council pursuant to subdivision (a) of
6Section 68562 shall be a certified court interpreter, as defined in
7Section 68566, for the language used.

8(b) Interpreters named and maintained on the list of
9recommended court interpreters previously established by the State
10Personnel Board or established by an entity provisionally approved
11pursuant to subdivision (b) of Section 68562 shall be deemed
12certified pursuant to this article until January 1, 1996. After that
13date, those interpreters shall not be deemed certified unless they
14have complied with the procedures for certification adopted
15pursuant to subdivision (c) of Section 68562. Interpreters approved
P3    1by the State Personnel Board or any other agency or entity for use
2in administrative hearings or nonjudicial settings shall not be
3deemed certified as court interpreters. These interpreters shall not
4be used in court proceedings unless they are qualified by the court
5pursuant to subdivision (c) or (d).

6(c) A court may for good cause appoint an interpreter for a
7language designated by the Judicial Council who does not hold a
8court interpreter certificate. The court shall follow the good cause
9and qualification procedures and guidelines adopted by the Judicial
10Council.

11(d) A person who interprets in a court proceeding using a
12language not designated by the Judicial Council shall be qualified
13by the court pursuant to the qualification procedures and guidelines
14adopted by the Judicial Council. If this qualified interpreter also
15passes an English fluency examination offered by a testing entity
16approved by the Judicial Council, this person shall be designated
17a “registered interpreter.”

18(e) Interpreters shall establish to the court that they meet the
19requirements of this section under procedures adopted by the
20Judicial Council. The court record shall show that the interpreter
21(1) is a certified court interpreter as defined by Section 68566 for
22the language used, or (2) was qualified by the court under
23subdivision (c), after a finding of good cause, or under subdivision
24(d), if the language is not designated by the Judicial Council.

25(f) begin deleteIf end deletebegin insertIn any court proceeding, ifend insertbegin insert end inserta court uses an interpreter who
26is qualified pursuant to subdivision (c) or (d), the judge in the court
27proceeding shall require the following to be stated on the record:

begin insert

28(1) A finding that a certified or registered interpreter is not
29available.

end insert
begin delete

30(1)

end delete

31begin insert(2)end insert The name of the qualified interpreter.

begin delete

32(2)

end delete

33begin insert(3)end insert A statement that the qualified interpreter meets the
34requirements of subdivision (c) or (d)begin insert and that the required
35procedures and guidelines adopted by the Judicial Council have
36been followedend insert
.

begin insert

37(4) A statement that the interpreter’s oath was administered to
38the qualified interpreter pursuant to the procedures and guidelines
39adopted by the Judicial Council.

end insert

P4    1(g) begin deleteIf end deletebegin insertIn any court proceeding, if end inserta court uses a certified court
2interpreter, as defined by Section 68566, or a registered court
3interpreter, the judge in the court proceeding shall require the
4following to be stated on the record:

5(1) The name of the certified or registered court interpreter, as
6listed on his or her court interpreter certification or registration.

7(2) begin deleteThe status of his or her interpreter certification or
8registration, including his end delete
begin insertHisend insertbegin insert end insertor her current certification or
9registration number.

10(3) A statement that the certified or registered courtbegin delete interpreter
11has presented photo identification or a certified or registered
12interpreter identification badge to the courtend delete
begin insert interpreter’s
13identification has been verified by the court using a certified or
14registered interpreter identification badge issued by the Judicial
15Council or other documentation that verifies the interpreter’s
16certification or registration accompanied by photo identificationend insert
.

17(4) The language to be interpreted.

18(5) A statement that the interpreter’s oath was administered to
19the certified or registered court interpreter or that he or she has an
20oath on file with the court.

begin insert

21(h) (1) In a deposition where a judge is not present to fulfill
22the requirements specified in subdivision (f), an interpreter who
23is qualified pursuant to subdivision (c) or (d) shall state all of the
24following for the record:

end insert
begin insert

25(A) His or her name.

end insert
begin insert

26(B) The language to be interpreted.

end insert
begin insert

27(C) A statement that the interpreter’s oath was administered.

end insert
begin insert

28(D) A statement that all Judicial Council procedures and
29guidelines have been followed.

end insert
begin insert

30(2) In a deposition where a judge is not present to fulfill the
31requirements specified in subdivision (g), a certified or registered
32interpreter shall state all of the following for the record:

end insert
begin insert

33(A) His or her qualifications, including his or her name and
34certification or registration number.

end insert
begin insert

35(B) A statement that the interpreter’s oath was administered to
36him or her or that he or she has an oath on file with the court.

end insert
begin insert

37(C) A statement that he or she has presented to both parties the
38interpreter certification or registration badge issued to him or her
39by the Judicial Council or other documentation that verifies his
P5    1or her certification or registration accompanied by photo
2identification.

end insert


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