BILL NUMBER: SB 927	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2001

INTRODUCED BY   Senator Escutia
   (Principal coauthors: Assembly Members Cardenas, Cohn, Keeley, and
Shelley)

                        FEBRUARY 23, 2001

   An act to amend Sections 754 and 755 of the Evidence Code, and to
amend Section 68562 of the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 927, as amended, Escutia.  Courts: domestic violence:
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
provides that in any civil or criminal action, as specified, a sign
language interpreter shall be appointed at county expense for an
individual who is deaf or hearing impaired.
   Existing law also provides that in any action or proceeding under
specified provisions of the Family Code relating to domestic
violence, in which a party does not proficiently speak or understand
the English language, and in which that party is present, a foreign
language interpreter 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, except that a court may
issue prescribed orders ex parte without an interpreter.  Existing
law also provides that the court shall not commence proceedings until
the foreign language interpreter is present, except as provided.
Existing law specifies that the fees of these interpreters shall be
paid by the parties, except that these fees shall be waived for
parties who need an interpreter and appear in forma pauperis.
Existing law requires the Judicial Council to apply for certain
federal and other funds other than state funds, and authorizes local
public entities to apply for certain federal and other funds, in
connection therewith.
   This bill would require the appointment in domestic violence
proceedings  , as specified,  and in other settings mandated
by the court ,  of an interpreter for a person who is deaf
or hearing impaired as well as the appointment of a foreign language
interpreter for a person not proficient in English; would require
certified  or registered  sign language interpreters in
these proceedings; and would limit the services of foreign language
interpreters to certified  or registered  interpreters.  The
bill would provide for the waiver of fees for an interpreter for a
petitioner who is not proficient in English in domestic violence
proceedings, as well as for any person who appears in forma pauperis,
or for any other party pursuant to a court order.  This bill would
also require the Judicial Council to establish additional domestic
violence training requirements for interpreters, as specified, and to
conduct a public education and notification program.  The bill would
require the Judicial Council, in coordination with its Court
Interpreter Advisory Panel, to report to the Legislature regarding
the effectiveness of this act no later than January 1, 2007.
   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 754 of the Evidence Code is amended to read:
   754.  (a) As used in this section, "individual who is deaf or
hearing impaired" means an individual with a hearing loss so great as
to prevent his or her understanding language spoken in a normal
tone, but does not include an individual who is hearing impaired
provided with, and able to fully participate in the proceedings
through the use of, an assistive listening system or computer-aided
transcription equipment provided pursuant to Section 54.8 of the
Civil Code.
   (b) In any civil or criminal action, including, but not limited
to, any action involving a traffic or other infraction, any small
claims court proceeding, any juvenile court proceeding, any family
court proceeding or service, or any proceeding to determine the
mental competency of a person, in any court-ordered or court-provided
alternative dispute resolution, including mediation and arbitration,
or any administrative hearing, where a party or witness is an
individual who is deaf or hearing impaired and the individual who is
deaf or hearing impaired is present and participating, the
proceedings shall be interpreted in a language that the individual
who is deaf or hearing impaired understands by a qualified
interpreter appointed by the court or other appointing authority, or
as agreed upon.
   (c) For purposes of this section, "appointing authority" means a
court, department, board, commission, agency, licensing or
legislative body, or other body for proceedings requiring a qualified
interpreter.
   (d) For the purposes of this section, "interpreter" includes, but
is not limited to, an oral interpreter, a sign language interpreter,
or a deaf-blind interpreter, depending upon the needs of the
individual who is deaf or hearing impaired.
   (e) For purposes of this section, "intermediary interpreter" means
an individual who is deaf or hearing impaired, or a hearing
individual who is able to assist in providing an accurate
interpretation between spoken English and sign language or between
variants of sign language or between American Sign Language and
languages other than English by acting as an intermediary between the
individual who is deaf or hearing impaired and the qualified
interpreter.
   (f) For purposes of this section, "qualified interpreter" means an
interpreter who has been certified  or registered  as
competent to interpret court proceedings by a testing organization,
agency, or educational institution approved by the Judicial Council
as qualified to administer tests to court interpreters for
individuals who are deaf or hearing impaired.
   (g) In the event that the appointed interpreter is not familiar
with the use of particular signs by the individual who is deaf or
hearing impaired or his or her particular variant of sign language,
the court or other appointing authority shall, in consultation with
the individual who is deaf or hearing impaired or his or her
representative, appoint an intermediary interpreter.
   (h) Prior to July 1, 1992, the Judicial Council shall conduct a
study to establish the guidelines pursuant to which it shall
determine which testing organizations, agencies, or educational
institutions will be approved to administer tests for certification
of court interpreters for individuals who are deaf or hearing
impaired.  It is the intent of the Legislature that the study obtain
the widest possible input from the public, including, but not limited
to, educational institutions, the judiciary, linguists, members of
the State Bar, court interpreters, members of professional
interpreting organizations, and members of the deaf and
hearing-impaired communities.  After obtaining public comment and
completing its study, the Judicial Council shall publish these
guidelines.  By January 1, 1997, the Judicial Council shall approve
one or more entities to administer testing for court interpreters for
individuals who are deaf or hearing impaired.  Testing entities may
include educational institutions, testing organizations, joint powers
agencies, or public agencies.
   Commencing July 1, 1997, court interpreters for individuals who
are deaf or hearing impaired shall meet the qualifications specified
in subdivision (f).
   (i) Persons appointed to serve as interpreters under this section
shall be paid, in addition to actual travel costs, the prevailing
rate paid to persons employed by the court to provide other
interpreter services unless such service is considered to be a part
of the person's regular duties as an employee of the state, county,
or other political subdivision of the state. Payment of the
interpreter's fee shall be a charge against the county, or other
political subdivision of the state, in which that action is pending.
Payment of the interpreter's fee in administrative proceedings shall
be a charge against the appointing board or authority.
   (j) Whenever a peace officer or any other person having a law
enforcement or prosecutorial function in any criminal or
quasi-criminal investigation or proceeding questions or otherwise
interviews an alleged victim or witness who demonstrates or alleges
deafness or hearing impairment, a good faith effort to secure the
services of an interpreter shall be made, without any unnecessary
delay unless either the individual who is deaf or hearing impaired
affirmatively indicates that he or she does not need or cannot use an
interpreter, or an interpreter is not otherwise required by Title II
of the Americans with Disabilities Act of 1990 (Public Law 101-336)
and federal regulations adopted thereunder.
   (k) No statement, written or oral, made by  an individual who the
court finds is deaf or hearing impaired in reply to a question of a
peace officer, or any other person having a law enforcement or
prosecutorial function in any criminal or quasi-criminal
investigation or proceeding, may be used against that individual who
is deaf or hearing impaired unless the question was accurately
interpreted and the statement was made knowingly, voluntarily, and
intelligently and was accurately interpreted, or the court makes
special findings that either the individual could not have used an
interpreter or an interpreter was not otherwise required by Title II
of the Americans with Disabilities Act of 1990 (Public Law 101-336)
and federal regulations adopted thereunder and that the statement was
made knowingly, voluntarily, and intelligently.
   (l) In obtaining services of an interpreter for purposes of
subdivision (j) or (k), priority shall be given to first obtaining a
qualified interpreter.
   (m) Nothing in subdivision (j) or (k) shall be deemed to supersede
the requirement of subdivision (b) for use of a qualified
interpreter for individuals who are deaf or hearing impaired
participating as parties or witnesses in a trial or hearing.
   (n) In any action or proceeding in which an individual who is deaf
or hearing impaired is a participant, the appointing authority shall
not commence proceedings until the appointed interpreter is in full
view of and spatially situated to assure proper communication with
the participating individual who is deaf or hearing impaired.
   (o) Each superior court shall maintain a current roster of
qualified interpreters certified pursuant to subdivision (f).
  SEC. 2.  Section 755 of the Evidence Code is amended to read:
   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, or in other settings
mandated by the court, including mediation with Family Court services
 or supervised visitation   and for family law
facilitator meetings  when the mediator or  supervisor
  facilitator  does not speak the language of a
party, in which a party is deaf or hearing impaired or does not
proficiently speak or understand the English language, and that party
is present, a sign language interpreter qualified pursuant to
Section 754 of this code or an interpreter of languages other than
English qualified pursuant to Section 68561 of the Government Code,
as appropriate, shall be present to interpret the proceedings in sign
language or a language that the party understands, respectively, and
to assist communication between the party and his or her attorney.
 The first priority for providing interpreters shall be in
courtroom proceedings. Interpreters shall be assigned for mediation
with Family Court Services and for family law facilitator meetings
only if it does not result in a shortage of interpreters for
courtroom proceedings. 
   (b) (1) The fees of interpreters for parties who are deaf or
hearing impaired shall be paid pursuant to subdivision (i) of Section
754.
   (2) The fees of interpreters for all other parties shall be paid
 as provided in subdivision (b) of Section 68092 of the
Government   pursuant to Chapter 13 (commencing with
Section 77000) of Title 8 of The Government  Code. However, the
fees of an interpreter shall be waived for a  petitioner
  party  who does not proficiently speak or
understand the English language in any action or proceeding brought
under Division 10 (commencing with Section 6200) of the Family Code
and for any party who appears in forma pauperis pursuant to Section
68511.3 of the Government Code or for any  other party
pursuant to order of the court   family law proceeding
which contains allegations of domestic violence  .  The Judicial
Council shall amend subdivision (i) of  Rule 985 of the California
Rules of Court and revise its forms accordingly.
   (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  , such as a support person authorized under Section 6303
of the Family Code,  to assist a party.
   (e)  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.
   (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.
  SEC. 3.  Section 68562 of the Government Code is amended to read:
   68562.  (a) The Judicial Council shall designate the languages for
which certification programs shall be established under subdivision
(b).  The language designations shall be based on (1) the courts'
needs as determined by the language and interpreter use and need
studies under Section 68563, (2) the language needs of
non-English-speaking persons in the courts, and (3) other information
the Judicial Council deems relevant.
   (b) By July 1, 1996, the Judicial Council shall approve one or
more entities to certify Spanish language interpreters and
interpreters for as many other languages designated under subdivision
(a) as practicable by that date.  The Judicial Council may give
provisional approval to an entity to examine interpreters and
establish a list of recommended court interpreters pending final
approval of one or more certification entities.  Certification
entities may include educational institutions, testing organizations,
joint powers agencies, or public agencies.
    The Judicial Council shall adopt and publish guidelines,
standards, and procedures to determine which certification entities
will be approved to test and certify interpreters.
   (c) The Judicial Council shall develop and implement procedures to
administer the list of recommended court interpreters previously
established by the State Personnel Board and the list established by
an entity provisionally approved under subdivision (b).
   The Judicial Council shall develop procedures and standards for
certifying without reexamination interpreters on the list of
recommended court interpreters (1) previously established by the
State Personnel Board, or (2) established by an entity provisionally
approved under subdivision (b).  Certification of these interpreters
shall be based on criteria determined by the Judicial Council, such
as recent interpreting experience, performance in court or at
administrative hearings, training, and continuing education.
   (d) The Judicial Council shall adopt standards and requirements
for interpreter proficiency, continuing education, certification
renewal, and discipline.  The Judicial Council shall adopt standards
of professional conduct for court interpreters.
   (e) The Judicial Council shall adopt programs for interpreter
recruiting, training, and continuing education and evaluation to
ensure that an adequate number of interpreters is available and that
they interpret competently.
   (f) The Judicial Council shall establish guidelines for fees or
shall set and charge fees for applications to take the court
interpreter examinations, for renewal of certifications, for
certification of interpreters on the list of recommended court
interpreters, for maintaining interpreters on the recommended list
until January 1, 1996, and for other functions and services provided
under this article.  All fees and other revenues received by the
Judicial Council under this article shall be transferred promptly to
the Controller, and shall be placed in the Court Interpreters' Fund,
which is hereby created, the moneys in which shall be available to
carry out the purposes of this article upon appropriation by the
Legislature.
   (g) Each superior and municipal court may adopt local rules to
impose additional requirements, standards, examinations, and programs
as necessary for equity or to recognize local conditions.
   (h) The Judicial Council shall  develop a statewide rule
of court requiring   require  minimum training
standards for interpreters of  six   three 
hours of instruction and coursework in the dynamics of domestic
violence within the first year of certification or registration, and
three hours of continuing education credits on a biannual basis.
 The three hours continuing education credits shall be part of,
and not in addition to, the existing 30-hour biannual continuing
education requirement.  The initial training and continuing
education shall include an overview of domestic violence and family
law terminology and proceedings, development of skills for working
with victims of violence and traumatized individuals, and training in
the dynamics of domestic violence.  None of the initial  six
  three  hours, and no more than  two
hours   one hour  of the continuing education
requirement, may be fulfilled by self-study coursework.  Training and
coursework offered pursuant to this subdivision shall be developed
and conducted in partnership with the Judicial Council Court
Interpreter's Advisory Panel and nonprofit community based
organizations whose primary purpose is to serve survivors of domestic
violence.  Training pursuant to this subdivision shall be approved
for Court Interpreter Minimum Continuing Education through the
Judicial Council Court Interpreter's Advisory Panel.  Community-based
organizations offering this training shall be compensated with a
materials fee.  All training required pursuant to this subdivision
shall apply to interpreters for the deaf as described in Sections 750
to 755, inclusive, of the Evidence Code as well as to interpreters
of other languages.
   (i) The Judicial Council shall conduct a public education and
notification program regarding this section and Sections 750 to 755,
inclusive, of the Evidence Code, to assure a high degree of publicity
with respect to these provisions.  This public education program
shall include, but is not limited to, the following:
   (1) Each court and family law facilitator's office shall post in a
conspicuous place a notice, 8.5 by 11 inches or larger, advising
parties in multiple languages, including, but not limited to,
English, Spanish, Tagalog, Arabic, Cantonese, Vietnamese, Japanese,
and Korean, of their right to an interpreter, including information
regarding interpreter fees and costs and the right to waiver of these
fees and costs.  This notice shall read substantially as follows:
   "If you are deaf or unable to speak English fluently, you are
entitled to an interpreter for your court proceeding.  Interpreters
are available at no cost for all persons eligible to receive a fee
waiver with respect to the cost of court filings.  Waiver of the fees
and costs of an interpreter may also be available for others who
cannot afford to pay for an interpreter."
   (2) Outreach shall be performed by the Judicial Council concerning
the availability of interpreters and the availability of waiver for
associated costs and fees for court filings.
  SEC. 4.  In coordination with its Court Interpreter Advisory Panel,
the Judicial Council shall evaluate the effectiveness of the
requirements imposed by this act and report thereon to the
Legislature no later than January 1, 2007.