Amended in Senate June 15, 2014

Amended in Assembly April 29, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1657

Introduced by Assembly Member Gomez

(Coauthor: Assembly Member Chau)

February 11, 2014

An act to add Section 756 to begin insert , and to repeal Section 755 of, end insert 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.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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.

begin delete 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. end delete 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, begin delete if end delete begin insert until end insert sufficient funds are begin delete not end delete appropriated to provide an interpreter to every party who needs one.

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(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.

end insert begin insert

This bill would repeal those provisions.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 755 of the end insert begin insert Evidence Code end insert begin insert is repealed. end insert

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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.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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, begin delete the
expansion of end delete court interpreter services begin delete shall be phased end delete in begin insert civil
cases reimbursed by the Judicial Council, pursuant to subdivision
(a), shall be prioritized end insert by case type begin insert by each court end insert in the following
order:

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(1) Parties proceeding in forma pauperis, pursuant to Section
68631 of the Government Code, in the following types of actions
and proceedings:

end delete begin delete

(A)

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begin insert (1) end insert  Actions and proceedings begin delete relating to domestic violence,
including family law matters that include issues of domestic
violence, and end delete begin insert 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; end insert actions and proceedings begin insert under
subdivision (w) of Section 527.6 of the Code of Civil Procedure;
and actions and proceedings for physical abuse or neglect end insert 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).

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(2) Actions and proceedings relating to unlawful detainer.

end insert begin delete

(B)

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begin insert (3) end insert  Actions and proceedings to terminate parental rights.

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(C)

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begin insert (4) end insert  Actions and proceedings relating to conservatorship or
guardianship, including the appointment or termination of a probate
guardian or conservator.

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(D) Actions and proceedings relating to unlawful detainer.

end delete begin delete

(E)

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begin insert (5) end insert  Actions and proceedings by a parent to obtain sole legal or
physical custody of a child or rights to visitation.

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(2) Parties proceeding in forma pauperis, pursuant to Section
68631 of the Government Code, in the following types of actions
and proceedings:

end delete begin insert

(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).

end insert begin delete

(A)

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begin insert (7) end insert  All other actions and proceedings related to family law.

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(B) Actions and proceedings under Section 527.6 of the Code
of Civil Procedure.

end delete begin delete

(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).

end delete begin delete

(4)

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begin insert (8) end insert  All other civil actions or begin delete proceedings in which a party is
appearing in forma pauperis pursuant to Section 68631 of the
Government Code. end delete begin insert proceedings. end insert

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(5) All other civil actions or proceedings in which a party is not
appearing in forma pauperis.

end delete begin insert

(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).

end insert begin insert

(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.

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(c)

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begin insert (d) end insert  A party shall not be charged a fee for the provision of a begin insert the end insert
court interpreter.

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(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.

end insert begin delete

(d)

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begin insert (f) end insert  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.

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(e)

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begin insert (g) end insert  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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 68092.1 is added to the Government Code, to
read:

68092.1.  

begin delete Notwithstanding end delete begin insert (a) end insert begin insert   end insert begin insert 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. end insert

begin insert (b) end insert begin insert   end insert begin insert Notwithstanding end insert 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. begin delete If end delete
begin insert However, until end insert sufficient funds are begin delete not end delete appropriated to provide an
interpreter to every party who needs one, interpreters shall begin insert initially end insert
be provided in accordance with the priorities set forth in Section
756 of the Evidence Code.