Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2370

Introduced by Assembly Member Chau

February 21, 2014

An act to amend Section begin delete 68566 end delete begin insert 68561 end insert of the Government Code, relating to court interpreters.

LEGISLATIVE COUNSEL’S DIGEST

AB 2370, as amended, Chau. Court interpreters.

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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. 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 council. 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.

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This bill would additionally require the presiding judge in a court proceeding, when using a qualified interpreter, to require the name of the interpreter and a statement that he or she meets the qualification requirements specified above to be stated on the record. When using a certified court reporter, the bill would require, among other things, the name of the interpreter, the status of his or her interpreter certification, and a statement that the interpreter’s oath was administered to the interpreter, or that he or she has an oath on file with the court, as specified, to be stated on the record.

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Existing law provides for the regulation of court interpreters. Existing law designates specified persons with the title “certified court interpreter,” and prohibits the use of that title by other persons or entities.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. 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   

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begin insert Section 68561 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

68561.  

(a) Except for good cause as provided in subdivision
(c), begin delete any end delete begin insert a end insert person who interprets in a court proceeding using a
language designated by the Judicial Council begin delete under end delete begin insert pursuant to end insert
subdivision (a) of Section 68562 shall be a certified court
interpreter begin insert , end insert as defined in Section 68566 begin insert , end insert for the language used.

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

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

(d)  begin delete Any end delete begin insert A end insert person who interprets in a court proceeding using a
language not designated by the Judicial Council shall be qualified
by the court begin delete under end delete begin insert pursuant to end insert the qualification procedures and
guidelines adopted by the Judicial Council. If this qualified
interpreter also passes an English fluency examination offered by
a testing entity approved by the Judicial Council, this person shall
be designated a “registered interpreter.”

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

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(f) If a court uses a qualified interpreter pursuant to subdivision
(c) or (d), the presiding judge in the court proceeding shall require
the following to be stated on the record:

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(1) The name of the qualified interpreter.

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(2) A statement that the qualified interpreter meets the
requirements of subdivision (c) or (d).

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(g) If a court uses a certified court interpreter, as defined by
Section 68566, the presiding judge in the court proceeding shall
require the following to be stated on the record:

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

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(2) The status of his or her interpreter certification, including
his or her current certification number.

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(3) A statement that the certified court interpreter has presented
photo identification or a certified interpreter identification badge
to the court.

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(4) The language to be interpreted.

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

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SECTION 1.  

Section 68566 of the Government Code is
amended to read:

68566.  

A natural person who either (1) holds a valid certificate
as a certified court interpreter issued by a certification entity
approved by the Judicial Council, or (2) until January 1, 1996, is
named and maintained on the list of recommended court
interpreters previously established by the State Personnel Board
or established by an entity provisionally approved under
subdivision (b) of Section 68562, shall be designated a “certified
court interpreter.” No other person or entity shall use the title
“certified court interpreter,” or represent that he, she, or it is
certified to interpret in or for the courts.

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