BILL ANALYSIS �
AB 810
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 810 (Wagner) - As Amended: March 21, 2011
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT : COURT INTERPRETERS
KEY ISSUE : SHOULD OBSOLETE STATUTORY LANGUAGE REGARDING
COUNTIES AND COURTS BE REVISED AND UPDATED WITH RESPECT TO COURT
INTERPRETERS?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This non-controversial measure implements a recommendation of
the California Law Revision Commission to delete and revise
statutory provisions regarding court interpreters made obsolete
by trial court restructuring, and otherwise sensibly updates the
statutes to reflect changes in law over the last 15 years,
principally in light of trial court unification and trial court
funding acts. The proposed amendments reflect input from the
sponsor, California Association of Clerks and Elected Officials,
and the Judicial Council. There is no known opposition.
SUMMARY : Updates obsolete court interpreter statutes.
Specifically, this bill brings court interpreter statutes into
conformity with current law by deleting obsolete references to
counties and municipal courts, eliminating outdated terminology
regarding officers and attach�s, purging improper fee citations,
and cross-referencing the Trial Court Interpreter Employment and
Labor Relations Act.
EXISTING LAW provides for the employment of court interpreters
in certain counties for the purposes of interpreting testimony
and translating documents intended for filing in any civil or
criminal action or proceeding or for recordation in the county
recorder's office, and provides for the deposit of fees in
county treasuries. (Government Code section 26806.)
COMMENTS : The author states that this bill addresses a project
undertaken by the Law Revision Commission in 2009 to clean up
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remaining relationships and responsibilities between the State
and the Counties with regard to courts. "Prior to 2007, courts
provided translation/interpretation services for constituents
who required documents to be translated into English for
recordation at the county. AB 349 (Salas, '07) was introduced
to assist counties with this new burdensome responsibility and
direct county clerks to verify the status of the translator
rather than the translation. This bill will clean up the
existing Code sections that contain overlapping references to
obligations for translation and county recordation."
The bill is sponsored by the California Association of Clerks
and Election Officials to implement a 2009 report from the Law
Revision Commission entitled "Statutes made Obsolete by Trial
Court Restructuring."
Author's Technical Amendments. In order to better reflect the
intent of the bill, the author proposes the following amendments
after consultation with the Judicial Council.
Retain current law in Government Code section 27293.
Amend Govt Code 69894.5 as follows:
69894.5. (a) A person unable to understand English who is
charged with a crime has a right to an interpreter throughout
the proceedings.
(b) The clerk of the court may employ as many foreign language
interpreters as may be necessary to interpret cases in the
superior court, and to translate documents as may be required,
pursuant to the Trial Court Interpreter Employment and Labor
Relations Act, Chapter 7.5 (commencing with Section 71800) of
Title 8.
(c)In addition to any other right to an interpreter, the clerk
of the court shall, when interpreters are needed, assign
interpreters to interpret in criminal and juvenile delinquency
cases in the superior court.
(d) The clerk of the court may also assign interpreters to
interpret in civil cases in the superior court, if an assignment
in a civil case can be made without causing the court to be
unable to perform its obligations in criminal proceedings.
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(e) This section is declarative of existing law.
The court may by rule employ and assign officers or attach�s
persons to perform the duties outlined in Section 26806 of the
Government Code this section as provided in the Trial Court
Interpreter Employment and Labor Relations Act, Chapter 7.5
(commencing with Section 71800) of Title 8.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334