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 wouldbegin insert expresslyend insert 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.begin insert 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.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 756 is added to the end insertbegin insertEvidence Codeend insertbegin insert, to
2read:end insert
(a) To the extent required by other state or federal laws,
4the Judicial Council shall reimburse courts for court interpreter
5services provided in civil actions and proceedings to any party
6who is present in court and who does not proficiently speak or
7understand the English language for the purpose of interpreting
8the proceedings in a language the party understands, and assisting
9communications between the party, his or her attorney, and the
10court.
11(b) If sufficient funds are not appropriated to provide an
12interpreter to every party that meets the standard of eligibility, the
13expansion of court interpreter services shall be phased in by case
14type in the following order:
15(1) Parties proceeding in forma pauperis, pursuant to Section
1668631 of the Government Code, in the following types of actions
17and proceedings:
18(A) Actions and proceedings relating to domestic violence,
19including family law matters that include issues of domestic
20violence, and actions and proceedings under the Elder Abuse and
21Dependent Adult Civil Protection Act (Chapter 11 (commencing
22with Section 15600) of Part 3 of Division 9 of the Welfare and
23Institutions Code).
24(B) Actions and proceedings to terminate parental rights.
25(C) Actions and proceedings relating to conservatorship or
26guardianship, including the appointment or termination of a
27probate guardian or conservator.
28(D) Actions and proceedings relating to unlawful detainer.
29(E) Actions and proceedings by a parent to obtain sole legal or
30physical custody of a child or rights to visitation.
P3 1(2) Parties proceeding in forma pauperis, pursuant to Section
268631 of the Government Code, in the following types of actions
3and proceedings:
4(A) All other actions and proceedings related to family law.
5(B) Actions and proceedings under Section 527.6 of the Code
6of Civil Procedure.
7(3) Actions and proceedings in which a party is not appearing
8in forma pauperis relating to domestic violence, including family
9law matters that include issues of domestic violence, and actions
10and proceedings under the Elder Abuse and Dependent Adult Civil
11Protection Act (Chapter 11 (commencing
with Section 15600) of
12Part 3 of Division 9 of the Welfare and Institutions Code).
13(4) All other civil actions or proceedings in which a party is
14appearing in forma pauperis pursuant to Section 68631 of the
15Government Code.
16(5) All other civil actions or proceedings in which a party is not
17appearing in forma pauperis.
18(c) A party shall not be charged a fee for the provision of a
19court interpreter.
20(d) This section shall not be construed to alter, limit, or negate
21any right to an interpreter in a civil action or proceeding otherwise
22provided by state or federal law, or the right to an interpreter in
23criminal, traffic, or other infraction, juvenile, or mental competency
24actions or proceedings.
25(e) This section shall not result in a reduction in staffing or
26compromise the quality of interpreting services in criminal,
27juvenile, or other types of matters in which interpreters are
28provided.
Section 68092.1 is added to the Government Code, to
31read:
Notwithstanding Section 26806 or 68092, or any
33other law, a court may provide an interpreter in any civil action or
34proceeding at no cost to the parties, regardless of the income of
35the parties.begin insert If sufficient funds are not appropriated to provide an
36interpreter to every party who needs one, interpreters shall be
37provided in accordance with the priorities set forth in Section 756
38of the Evidence Code.end insert
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