HOUSE AMENDED
        PRIOR PRINTER'S NOS. 780, 808, 2173           PRINTER'S NO. 2250

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 669 Session of 2005


        INTRODUCED BY COSTA, GREENLEAF, STOUT, TOMLINSON, EARLL, ORIE,
           RAFFERTY, STACK, O'PAKE, LOGAN, PIPPY, MUSTO, C. WILLIAMS,
           WONDERLING, TARTAGLIONE, KASUNIC, LAVALLE, PILEGGI AND
           KITCHEN, MAY 9, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           NOVEMBER 20, 2006

                                     AN ACT

     1  Amending Titles 2 (Administrative Law and Procedure) and 42
     2     (Judiciary and Judicial Procedure) of the Pennsylvania
     3     Consolidated Statutes, providing for court and administrative
     4     proceeding interpreters; and repealing related provisions.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 101 of Title 2 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 101.  Definitions.
    10     Subject to additional definitions contained in subsequent
    11  provisions of this title which are applicable to specific
    12  provisions of this title, the following words and phrases when
    13  used in this title shall have, unless the context clearly
    14  indicates otherwise, the meanings given to them in this section:
    15     "Adjudication."  Any final order, decree, decision,
    16  determination or ruling by an agency affecting personal or
    17  property rights, privileges, immunities, duties, liabilities or

     1  obligations of any or all of the parties to the proceeding in
     2  which the adjudication is made. The term does not include any
     3  order based upon a proceeding before a court or which involves
     4  the seizure or forfeiture of property, paroles, pardons or
     5  releases from mental institutions.
     6     "Administrative law judge."  An individual appointed by an     <--
     7  agency to preside at an administrative proceeding.
     8     "Administrative proceeding."  Any proceeding other than a
     9  judicial proceeding, the outcome of which is required to be
    10  based on a record or documentation prescribed by law or in which
    11  law or regulation is particularized in application to
    12  individuals. The term includes an appeal.
    13     "Agency."  A government agency.
    14     "Appeal."  Includes proceedings on petition for review.
    15     "Certified interpreter."  A person who:
    16         (1)  is readily able to interpret; and EITHER              <--
    17         (2)  is certified by the Department of Labor and Industry
    18     in accordance with Subchapter C (relating to administrative
    19     proceeding interpreters for persons with limited English
    20     proficiency) or D (relating to administrative proceeding       <--
    21     interpreters for persons who are deaf) of Chapter 5.
    22     PROFICIENCY); OR                                               <--
    23         (3)  IS CERTIFIED BY THE DEPARTMENT OF LABOR AND INDUSTRY
    24     IN ACCORDANCE WITH SUBCHAPTER D (RELATING TO ADMINISTRATIVE
    25     PROCEEDING INTERPRETERS FOR PERSONS WHO ARE DEAF) OR IS
    26     REGISTERED WITH THE DEPARTMENT PURSUANT TO THE ACT OF JULY 2,
    27     2004 (P.L.492, NO.57), KNOWN AS THE SIGN LANGUAGE INTERPRETER
    28     AND TRANSLITERATOR STATE REGISTRATION ACT.
    29     "Commonwealth agency."  Any executive agency or independent
    30  agency.
    20050S0669B2250                  - 2 -     

     1     "Commonwealth government."  The government of the
     2  Commonwealth, including the courts and other officers or
     3  agencies of the unified judicial system, the General Assembly,
     4  and its officers and agencies, the Governor, and the
     5  departments, boards, commissions, authorities and officers and
     6  agencies of the Commonwealth, but the term does not include any
     7  political subdivision, municipal or other local authority, or
     8  any officer or agency of any such political subdivision or local
     9  authority.
    10     "Court Administrator of Pennsylvania."  The court
    11  administrator appointed by the Supreme Court under section 10(b)
    12  of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.
    13  § 1901 (relating to Court Administrator of Pennsylvania).
    14     "Deaf."  An impairment of hearing or speech which creates an
    15  inability to understand or communicate the spoken English
    16  language.
    17     "Department."  The Department of Labor and Industry of the
    18  Commonwealth.
    19     "Executive agency."  The Governor and the departments,
    20  boards, commissions, authorities and other officers and agencies
    21  of the Commonwealth government, but the term does not include
    22  any court or other officer or agency of the unified judicial
    23  system, the General Assembly and its officers and agencies, or
    24  any independent agency.
    25     "General rule."  As defined in 42 Pa.C.S. § 102 (relating to
    26  definitions).
    27     "Government agency."  Any Commonwealth agency or any
    28  political subdivision or municipal or other local authority, or
    29  any officer or agency of any such political subdivision or local
    30  authority.
    20050S0669B2250                  - 3 -     

     1     "Government unit."  The General Assembly and its officers and
     2  agencies, any government agency or any court or other officer or
     3  agency of the unified judicial system.
     4     "Independent agency."  Boards, commissions, authorities and
     5  other agencies and officers of the Commonwealth government which
     6  are not subject to the policy supervision and control of the
     7  Governor, but the term does not include any court or other
     8  officer or agency of the unified judicial system or the General
     9  Assembly and its officers and agencies.
    10     "Interpret."  Either one of the following:
    11         (1)  For purposes of Subchapter C of Chapter 5 (relating
    12     to administrative proceeding interpreters for persons with
    13     limited English proficiency), to convey spoken and written
    14     English into the language of the person with limited English
    15     proficiency and to convey oral and written statements by the
    16     person into SPOKEN English.                                    <--
    17         (2)  For purposes of Subchapter D of Chapter 5 (relating
    18     to administrative proceeding interpreters for persons who are
    19     deaf), to convey spoken English in a manner understood by the
    20     person who is deaf and to convey statements made by the
    21     person who is deaf into English through, but not limited to,
    22     American Sign Language and transliteration or the use of
    23     Computer Aided Real Time Captioning (CART) or similar
    24     procedure.
    25     "Interpreter."  Includes both a certified interpreter and an
    26  otherwise qualified interpreter.
    27     "Judicial proceeding."  An "action," "appeal" or "proceeding"
    28  in any "court" of this Commonwealth as those terms are defined
    29  in 42 Pa.C.S. § 102 (relating to definitions).
    30     "Limited ability to speak or understand English."  The
    20050S0669B2250                  - 4 -     

     1  ability to speak exclusively or primarily a language other than
     2  English and the inability to sufficiently speak or understand
     3  English.
     4     "Local agency."  A government agency other than a
     5  Commonwealth agency.
     6     "Matter."  Action, proceeding or appeal.
     7     "Otherwise qualified interpreter."  A person who:
     8         (1)  For purposes of Subchapter C of Chapter 5 (relating
     9     to administrative proceeding interpreters for persons with
    10     limited English proficiency):
    11             (i)  is readily able to interpret; and
    12             (ii)  has read, understands and agrees to abide by
    13         the code of professional conduct for administrative
    14         proceeding interpreters for persons with limited English
    15         proficiency as established by the Department of Labor and
    16         Industry  in accordance with Subchapter C of Chapter 5.
    17         (2)  For purposes of Subchapter D of Chapter 5 (relating
    18     to administrative proceeding interpreters for persons who are
    19     deaf):
    20             (i)  is readily able to interpret;
    21             (ii)  is certified by the National Association of the
    22         Deaf, the Registry of Interpreters for the Deaf or
    23         similar registry; and
    24             (iii)  has read, understands and agrees to abide by
    25         the code of professional conduct for administrative
    26         proceeding interpreters for persons who are deaf as
    27         established by the Department of Labor and Industry in
    28         accordance with Subchapter D of Chapter 5.
    29     "Party."  Any person who appears in a proceeding before an
    30  agency who has a direct interest in the subject matter of such
    20050S0669B2250                  - 5 -     

     1  proceeding.
     2     "Person."  Includes a government unit or an agency of the
     3  Federal Government.
     4     "Person who is deaf."  A party or witness who is deaf.
     5     "Person with limited English proficiency."  A party or a
     6  witness who has limited ability to speak or understand English.
     7     "PRESIDING OFFICER."  AN INDIVIDUAL APPOINTED BY AN AGENCY TO  <--
     8  PRESIDE AT AN ADMINISTRATIVE PROCEEDING.
     9     "Transliteration."  To convey spoken or written English in an
    10  English-based sign system and the process of conveying an
    11  English-based sign system in spoken or written English.
    12     "Witness."  A person who testifies in a proceeding before an
    13  agency.
    14     Section 2.  Section 505.1 of Title 2 is repealed.              <--
    15     SECTION 2.  SECTION 505.1 OF TITLE 2 IS AMENDED TO READ:       <--
    16  [§ 505.1.  INTERPRETERS FOR THE DEAF.
    17     (A)  APPOINTMENT.--IN ANY PROCEEDING BEFORE A COMMONWEALTH
    18  AGENCY IN WHICH A PARTY IS DEAF THE AGENCY SHALL APPOINT AN
    19  INTERPRETER TO ASSIST THE PARTY THROUGHOUT THE PROCEEDING.
    20     (B)  OATH.--THE INTERPRETER SHALL SWEAR OR AFFIRM THAT HE
    21  WILL MAKE A TRUE INTERPRETATION TO THE DEAF PERSON AND THAT HE
    22  WILL REPEAT THE STATEMENTS OF THE DEAF PERSON TO THE BEST OF HIS
    23  ABILITY.
    24     (C)  DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
    25  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    26  SUBSECTION:
    27     "DEAF."  PERSONS WHO ARE DEAF OR WHOSE HEARING IS SO IMPAIRED
    28  THAT THEY ARE UNABLE TO UNDERSTAND OR COMMUNICATE THE SPOKEN
    29  ENGLISH LANGUAGE.
    30     "INTERPRETER."  A PERSON QUALIFIED AND TRAINED TO TRANSLATE
    20050S0669B2250                  - 6 -     

     1  FOR OR COMMUNICATE WITH DEAF PERSONS. ANY PERSON CERTIFIED BY
     2  THE NATIONAL OR LOCAL REGISTRY OF INTERPRETERS FOR THE DEAF OR
     3  SIMILAR REGISTRY SHALL BE CONSIDERED QUALIFIED FOR THE PURPOSES
     4  OF THIS SECTION.]
     5     Section 3.  Chapter 5 of Title 2 is amended by adding
     6  subchapters to read:
     7                            SUBCHAPTER C
     8               ADMINISTRATIVE PROCEEDING INTERPRETERS
     9            FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
    10  Sec.
    11  561.  Scope of subchapter.
    12  562.  Duties of department.
    13  563.  Appointment of interpreter.
    14  564.  Replacement of interpreter.
    15  565.  Oath.
    16  566.  Confidential communications in presence of interpreter.
    17  567.  Cost of providing interpreter.
    18  568.  Funding.
    19  § 561.  Scope of subchapter.
    20     (a)  Commonwealth agencies.--Except as provided in subsection
    21  (b), this subchapter applies to all Commonwealth agencies.
    22     (b)  Exception.--This subchapter does not apply to:
    23         (1)  Proceedings before the Department of Revenue, the
    24     Department of the Auditor General or the Board of Finance and
    25     Revenue involving the original settlement, assessment or
    26     determination or resettlement, reassessment or
    27     redetermination, review or refund of taxes, interest or
    28     payments made into the State Treasury.
    29         (2)  Proceedings before the Secretary of the Commonwealth
    30     under the act of June 3, 1937 (P.L.1333, No.320), known as
    20050S0669B2250                  - 7 -     

     1     the Pennsylvania Election Code.
     2         (3)  Proceedings before the Department of Transportation
     3     involving matters reviewable under 42 Pa.C.S. § 933 (relating
     4     to appeals from government agencies).
     5         (4)  Proceedings before the State System of Higher
     6     Education involving student discipline.
     7     (c)  Local agencies.--This subchapter applies to all local
     8  agencies.
     9  § 562.  Duties of department.
    10     (a)  Interpreter program.--The department shall establish a
    11  program to appoint and use certified interpreters in
    12  administrative proceedings that is consistent with the program
    13  established by the Administrative Office of Pennsylvania Courts
    14  pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters).
    15  AS PART OF THE PROGRAM, THE DEPARTMENT MAY GRANT AUTOMATIC        <--
    16  CERTIFICATION TO ANY INTERPRETER THAT HAS BEEN CERTIFIED
    17  PURSUANT TO 42 PA.C.S. CH. 44. To certify interpreters, the
    18  department shall MAY establish a program which may include:       <--
    19         (1)  establishing and administering a comprehensive
    20     testing and certification program for interpreters;
    21         (2)  establishing and adopting standards of proficiency,
    22     written and oral, in English and the language to be
    23     interpreted, including, but not limited to, certification by
    24     the Court Administrator of Pennsylvania as provided in 42
    25     Pa.C.S. Ch. 44;
    26         (3)  conducting periodic examinations to ensure the
    27     availability of certified interpreters PURSUANT TO THIS        <--
    28     SUBCHAPTER;
    29         (4)  prescribing, determining and certifying the
    30     qualifications of persons who may serve as certified
    20050S0669B2250                  - 8 -     

     1     interpreters for persons with limited English proficiency;
     2         (5)  charging reasonable fees, as deemed necessary, for
     3     testing and certification;
     4         (6)  reciprocity of certification for interpreters from
     5     other jurisdictions provided that in the judgment of the
     6     department, the criteria for certification in the foreign
     7     jurisdiction is at least as stringent as that established by
     8     the department or the Court Administrator of Pennsylvania;
     9         (7)  providing for the audio recording of testimony that
    10     is the subject of interpretation; and
    11         (8)  providing a continuing education requirement for
    12     interpreters.
    13     (b)  List of certified interpreters.--The department shall
    14  compile, maintain and disseminate a current list of interpreters
    15  certified by the department to the agencies through any means
    16  deemed appropriate by the department, including, but not limited
    17  to, a written directory and publication on the official World
    18  Wide Web site of the department.
    19     (c)  Guidelines for selection of otherwise qualified
    20  interpreters.--The department shall provide guidelines to the
    21  agencies for the selection and use of otherwise qualified
    22  interpreters in order to ensure that the highest standards of
    23  accuracy are maintained in all administrative proceedings
    24  subject to this subchapter.
    25     (d)  Fee schedule.--The department shall prescribe, subject
    26  to periodic review, a schedule of reasonable fees for services
    27  rendered by certified interpreters and otherwise qualified
    28  interpreters.
    29     (e)  Standards of professional conduct.--
    30         (1)  The department shall establish and adopt standards
    20050S0669B2250                  - 9 -     

     1     for a code of professional conduct for administrative
     2     proceeding interpreters for persons with limited English
     3     proficiency.
     4         (2)  The department shall establish, administer or
     5     recommend a process to review and respond to allegations of
     6     violations of the code of professional conduct for
     7     administrative proceeding interpreters for persons with
     8     limited English proficiency, including, but not limited to,
     9     decertification and other disciplinary measures.
    10     (f)  Certification by courts.--Any interpreter certified by
    11  the Administrative Office of Pennsylvania Courts pursuant to 42
    12  Pa.C.S. Ch. 44 shall be deemed certified pursuant to this
    13  chapter.
    14  § 563.  Appointment of interpreter.
    15     (a)  Appointment of certified interpreter.--Upon request OR    <--
    16  SUA SPONTE, an administrative law judge A PRESIDING OFFICER       <--
    17  shall appoint a certified interpreter, unless a certified
    18  interpreter is unavailable as provided in subsection (b).
    19     (b)  Appointment of otherwise qualified interpreter when
    20  certified interpreter is unavailable.--
    21         (1)  An otherwise qualified interpreter shall be
    22     appointed by the administrative law judge PRESIDING OFFICER    <--
    23     if a good faith effort was made to obtain a certified
    24     interpreter and a certified interpreter was not reasonably
    25     available, as determined by the administrative law judge       <--
    26     PRESIDING OFFICER.                                             <--
    27         (2)  Prior to the appointment of an otherwise qualified
    28     interpreter, the administrative law judge PRESIDING OFFICER    <--
    29     shall state on the record that the otherwise qualified
    30     interpreter:
    20050S0669B2250                 - 10 -     

     1             (i)  is readily able to interpret; and
     2             (ii)  has read, understands and agrees to abide by
     3         the code of professional conduct for administrative
     4         proceeding interpreters for persons with limited English
     5         proficiency, as established by the department.
     6     (c)  Additional interpreters.--After consideration of the
     7  length of the administrative proceeding and the number of
     8  persons with limited English proficiency involved, an             <--
     9  administrative law judge A PRESIDING OFFICER may appoint, as      <--
    10  provided in subsections (a) and (b), an additional interpreter
    11  or provide for additional interpretation in a manner deemed
    12  appropriate by the administrative law judge PRESIDING OFFICER.    <--
    13  § 564.  Replacement of interpreter.
    14     An administrative law judge A PRESIDING OFFICER shall dismiss  <--
    15  the interpreter and obtain the services of another interpreter
    16  in accordance with this subchapter, if the interpreter:
    17         (1)  Fails to follow the standards prescribed by law or
    18     by the code of professional conduct for administrative
    19     proceeding interpreters for persons with limited English
    20     proficiency.
    21         (2)  Is unable to effectively communicate with the
    22     administrative law judge PRESIDING OFFICER or the person with  <--
    23     limited English proficiency, including where the interpreter
    24     self-reports such inability.
    25  § 565.  Oath.
    26     Before the commencement of interpreter duties, an interpreter
    27  appointed under this subchapter shall take an oath or make an
    28  affirmation on the record that the interpreter will make a true
    29  interpretation to the person with limited English proficiency in
    30  the language which the person with limited English proficiency
    20050S0669B2250                 - 11 -     

     1  understands and that the interpreter will repeat the statements
     2  of the person with limited English proficiency to the court in
     3  English to the best of the interpreter's skill and judgment and
     4  in accordance with the code of professional conduct for
     5  administrative proceeding interpreters for persons with limited
     6  English proficiency.
     7  § 566.  Confidential communications in presence of interpreter.
     8     An interpreter appointed under this subchapter may not be
     9  compelled to testify, in any judicial proceeding or
    10  administrative proceeding, to statements made by the person with
    11  limited English proficiency and interpreted by the interpreter
    12  when the person with limited English proficiency is engaged in a
    13  confidential communication as provided by any statute or general
    14  rule, including, but not limited to:
    15         (1)  42 Pa.C.S. § 5916 (relating to confidential
    16     communications to attorney).
    17         (2)  42 Pa.C.S. § 5928 (relating to confidential
    18     communications to attorney).
    19         (3)  42 Pa.C.S. § 5942 (relating to confidential
    20     communications to news reporters).
    21         (4)  42 Pa.C.S. § 5943 (relating to confidential
    22     communications to clergymen).
    23         (5)  42 Pa.C.S. § 5944 (relating to confidential
    24     communications to psychiatrists or licensed psychologists).
    25         (6)  42 Pa.C.S. § 5945 (relating to confidential
    26     communications to school personnel).
    27         (7)  42 Pa.C.S. § 5945.1 (relating to confidential
    28     communications with sexual assault counselors).
    29         (8)  42 Pa.C.S. § 5945.2 (relating to confidential
    30     communications to crime stopper or similar anticrime
    20050S0669B2250                 - 12 -     

     1     program).
     2  § 567.  Cost of providing interpreter.
     3     An interpreter appointed in accordance with this subchapter
     4  is entitled to a reasonable fee for interpreter services and
     5  shall be reimbursed for actual and reasonable expenses by the
     6  agency conducting the administrative proceeding.
     7  § 568.  Funding.
     8     Except as provided in section 567 (relating to cost of
     9  providing interpreter), the General Assembly shall appropriate
    10  to the department such sums as may be necessary to establish a
    11  program to facilitate the use of interpreters and otherwise
    12  fulfill the provisions of this subchapter. Implementation of
    13  this section is contingent upon the availability of appropriated
    14  funds to carry out the purposes of this section.
    15                            SUBCHAPTER D
    16               ADMINISTRATIVE PROCEEDING INTERPRETERS
    17                      FOR PERSONS WHO ARE DEAF
    18  Sec.
    19  581.  Scope of subchapter.
    20  582.  Duties of department.
    21  583.  Appointment of interpreter.
    22  584.  Replacement of interpreter.
    23  585.  Oath.
    24  586.  Confidential communications in presence of interpreter.
    25  587.  Cost of providing interpreter.
    26  588.  Funding.
    27  § 581.  Scope of subchapter.
    28     (a)  Commonwealth agencies.--Except as provided in subsection
    29  (b), this subchapter applies to all Commonwealth agencies.
    30     (b)  Exception.--This subchapter does not apply to:
    20050S0669B2250                 - 13 -     

     1         (1)  Proceedings before the Department of Revenue, the
     2     Department of the Auditor General or the Board of Finance and
     3     Revenue, involving the original settlement, assessment or
     4     determination or resettlement, reassessment or
     5     redetermination, review or refund of taxes, interest or
     6     payments made into the State Treasury.
     7         (2)  Proceedings before the Secretary of the Commonwealth
     8     under the act of June 3, 1937 (P.L.1333, No.320), known as
     9     the Pennsylvania Election Code.
    10         (3)  Proceedings before the Department of Transportation
    11     involving matters reviewable under 42 Pa.C.S. § 933 (relating
    12     to appeals from government agencies).
    13         (4)  Proceedings before the State System of Higher
    14     Education involving student discipline.
    15     (c)  Local agencies.--This subchapter applies to all local
    16  agencies.
    17  § 582.  Duties of department.
    18     (a)  Interpreter program.--The department shall establish a
    19  program to appoint and use certified interpreters in
    20  administrative proceedings that is consistent with the program
    21  established by the Administrative Office of Pennsylvania Courts
    22  pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters).
    23  AS PART OF THE PROGRAM, THE DEPARTMENT MAY GRANT AUTOMATIC        <--
    24  CERTIFICATION TO ANY INTERPRETER THAT HAS BEEN CERTIFIED
    25  PURSUANT TO 42 PA.C.S. CH. 44. To certify interpreters, the
    26  department shall MAY establish a program which may include:       <--
    27         (1)  establishing and administering a comprehensive
    28     testing and certification program for interpreters PURSUANT    <--
    29     TO THIS SUBCHAPTER;
    30         (2)  establishing and adopting standards of proficiency,
    20050S0669B2250                 - 14 -     

     1     including, but not limited to, certification by the Court
     2     Administrator of Pennsylvania as provided in 42 Pa.C.S. Ch.
     3     44 and certification by the Registry for Interpreters for the
     4     Deaf or similar registry;
     5         (3)  conducting periodic examinations to ensure the
     6     availability of certified interpreters;
     7         (4)  prescribing, determining and certifying the
     8     qualifications of persons who may serve as certified
     9     interpreters;
    10         (5)  charging reasonable fees, as deemed necessary, for
    11     testing and certification;
    12         (6)  reciprocity of certification for interpreters from
    13     other jurisdictions provided that in the judgment of the
    14     department, the criteria for certification in the foreign
    15     jurisdiction is as least as stringent as that established by
    16     the department or the Court Administrator of Pennsylvania;
    17         (7)  providing for the audio recording of testimony that
    18     is the subject of interpretation; and
    19         (8)  providing a continuing education requirement for
    20     interpreters.
    21     (b)  List of certified interpreters.--The department shall
    22  compile, maintain and disseminate a current list of interpreters
    23  certified by the department to the agencies through any means
    24  deemed appropriate by the department, including, but not limited
    25  to, a written directory and publication on the official World
    26  Wide Web site of the department.
    27     (c)  Guidelines for selection of otherwise qualified
    28  interpreters.--The department shall provide guidelines to the
    29  agencies for the selection and use of otherwise qualified
    30  interpreters in order to ensure that the highest standards of
    20050S0669B2250                 - 15 -     

     1  accuracy are maintained in all administrative proceedings
     2  subject to this subchapter.
     3     (d)  Fee schedule.--The department shall prescribe, subject
     4  to periodic review, a schedule of reasonable fees for services
     5  rendered by certified interpreters and otherwise qualified
     6  interpreters.
     7     (e)  Standards of professional conduct.--
     8         (1)  The department shall establish and adopt standards
     9     for a code of professional conduct for administrative
    10     proceeding interpreters for persons who are deaf.
    11         (2)  The department shall establish, administer or
    12     recommend a process to review and respond to allegations of
    13     violations of the code of professional conduct for
    14     administrative proceeding interpreters for persons who are
    15     deaf, including, but not limited to, decertification and
    16     other disciplinary measures.
    17     (f)  Certification by courts.--Any interpreter certified by
    18  the Administrative Office of Pennsylvania Courts pursuant to 42
    19  Pa.C.S. Ch. 44 shall be deemed certified pursuant to this
    20  chapter.
    21  § 583.  Appointment of interpreter.
    22     (a)  Appointment of certified interpreter.--Upon request, an   <--
    23  administrative law judge A PRESIDING OFFICER shall appoint a      <--
    24  certified interpreter unless the certified interpreter is
    25  unavailable as provided in subsection (b).
    26     (b)  Appointment of otherwise qualified interpreter when
    27  certified interpreter is unavailable.--
    28         (1)  An otherwise qualified interpreter shall be
    29     appointed by an administrative law judge A PRESIDING OFFICER   <--
    30     if a good faith effort was made to obtain a certified
    20050S0669B2250                 - 16 -     

     1     interpreter and a certified interpreter was not reasonably
     2     available, as determined by the administrative law judge       <--
     3     PRESIDING OFFICER.                                             <--
     4         (2)  Prior to the appointment of an otherwise qualified
     5     interpreter, the administrative law judge PRESIDING OFFICER    <--
     6     shall state on the record that to the best of the knowledge
     7     of the administrative law judge PRESIDING OFFICER, the         <--
     8     otherwise qualified interpreter:
     9             (i)  is readily able to interpret;
    10             (ii)  is certified by the National Association for
    11         the Deaf, the Registry of Interpreters for the Deaf or
    12         similar registry, to the best of the knowledge of the
    13         administrative law judge; and
    14             (iii)  has read, understands and agrees to abide by
    15         the code of professional conduct for administrative
    16         proceeding interpreters for persons who are deaf, as
    17         established by the department.
    18     (c)  Additional interpreters.--After consideration of the
    19  length of the administrative proceeding, the special needs of
    20  the person who is deaf, and the number of persons involved who
    21  are deaf, the administrative law judge PRESIDING OFFICER may      <--
    22  appoint, as provided in subsections (a) and (b), an additional
    23  interpreter or provide for additional interpretation in a manner
    24  deemed appropriate by the administrative law judge PRESIDING      <--
    25  OFFICER.
    26  § 584.  Replacement of interpreter.
    27     An administrative law judge A PRESIDING OFFICER shall dismiss  <--
    28  the interpreter and obtain the services of another interpreter
    29  in accordance with this subchapter if the interpreter:
    30         (1)  Fails to follow the standards prescribed by law or
    20050S0669B2250                 - 17 -     

     1     by the code of professional conduct for administrative
     2     proceeding interpreters for persons who are deaf.
     3         (2)  Is unable to effectively communicate with the
     4     administrative law judge PRESIDING OFFICER or person who is    <--
     5     deaf, including where the interpreter self-reports such
     6     inability.
     7  § 585.  Oath.
     8     Before the commencement of interpreter duties, an interpreter
     9  appointed under this subchapter shall take an oath or make an
    10  affirmation on the record that the interpreter will make a true
    11  interpretation to the person who is deaf in the manner that the
    12  person who is deaf understands and that the interpreter will
    13  repeat the statements of the person who is deaf to the court in
    14  the spoken English language to the best of the interpreter's
    15  skill and judgment and in accordance with the code of
    16  professional conduct for administrative proceeding interpreters
    17  for persons who are deaf.
    18  § 586.  Confidential communications in presence of interpreter.
    19     An interpreter appointed under this subchapter may not be
    20  compelled to testify, in any judicial proceeding or
    21  administrative proceeding, to statements made by the person who
    22  is deaf and interpreted by the interpreter when the person who
    23  is deaf is engaged in a confidential communication as provided
    24  by any statute or general rule, including, but not limited to:
    25         (1)  42 Pa.C.S. § 5916 (relating to confidential
    26     communications to attorney).
    27         (2)  42 Pa.C.S. § 5928 (relating to confidential
    28     communications to attorney).
    29         (3)  42 Pa.C.S. § 5942 (relating to confidential
    30     communications to news reporters).
    20050S0669B2250                 - 18 -     

     1         (4)  42 Pa.C.S. § 5943 (relating to confidential
     2     communications to clergymen).
     3         (5)  42 Pa.C.S. § 5944 (relating to confidential
     4     communications to psychiatrists or licensed psychologists).
     5         (6)  42 Pa.C.S. § 5945 (relating to confidential
     6     communications to school personnel).
     7         (7)  42 Pa.C.S. § 5945.1 (relating to confidential
     8     communications with sexual assault counselors).
     9         (8)  42 Pa.C.S. § 5945.2 (relating to confidential
    10     communications to crime stopper or similar anticrime
    11     program).
    12  § 587.  Cost of providing interpreter.
    13     An interpreter appointed in accordance with this subchapter
    14  is entitled to a reasonable fee for interpreter services and
    15  shall be reimbursed for actual and reasonable expenses by the
    16  agency conducting the administrative proceeding.
    17  § 588.  Funding.
    18     Except as provided in section 587 (relating to cost of
    19  providing interpreter), the General Assembly shall appropriate
    20  to the department such sums as may be necessary to establish a
    21  program to facilitate the use of interpreters and otherwise
    22  fulfill the provisions of this subchapter. Implementation of
    23  this section is contingent upon the availability of appropriated
    24  funds to carry out the purposes of this section.
    25     Section 4.  Title 42 is amended by adding a chapter to read:
    26                             CHAPTER 44
    27                         COURT INTERPRETERS
    28  Subch.
    29  A.  General Provisions
    30  B.  Court Interpreters for Persons With Limited English
    20050S0669B2250                 - 19 -     

     1         Proficiency
     2  C.  Court Interpreters for Persons Who are Deaf
     3                            SUBCHAPTER A
     4                         GENERAL PROVISIONS
     5  Sec.
     6  4401.  Legislative findings and declaration.
     7  4402.  Definitions.
     8  § 4401.  Legislative findings and declaration.
     9     It is hereby declared to be the policy of this Commonwealth
    10  to secure the rights, constitutional and otherwise, of persons
    11  who because of a non-English speaking cultural background or who
    12  because of an impairment of hearing or speech are unable to
    13  understand or communicate adequately in the English language
    14  when they appear in court or are involved in judicial
    15  proceedings. It is the intent of this chapter to provide for the
    16  certification, appointment and use of interpreters to secure the
    17  rights of persons with limited English proficiency and persons
    18  who are deaf or hearing impaired in all judicial proceedings.
    19  § 4402.  Definitions.
    20     The following words and phrases when used in this chapter
    21  shall have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Administrative proceeding."  Any proceeding other than a
    24  judicial proceeding, the outcome of which is required to be
    25  based on a record or documentation prescribed by law or in which
    26  law or regulation is particularized in application to
    27  individuals. The term includes an appeal as defined in 2 Pa.C.S.
    28  § 101 (relating to definitions).
    29     "Certified interpreter."  A person who:
    30         (1)  is readily able to interpret; and
    20050S0669B2250                 - 20 -     

     1         (2)  is certified by the Court Administrator in
     2     accordance with either Subchapter B (relating to court
     3     interpreters for persons with limited English proficiency) or
     4     Subchapter C (relating to court interpreters for persons who
     5     are deaf).
     6     "Court Administrator."  The Court Administrator of
     7  Pennsylvania.
     8     "Deaf."  An impairment of hearing or speech which creates an
     9  inability to understand or communicate the spoken English
    10  language.
    11     "Direct victim."  A direct victim as defined in section 103
    12  of the act of November 24, 1998 (P.L.882, No.111), known as the
    13  Crime Victims Act.
    14     "Immediate family member."  A spouse, parent or child.
    15     "Interpret."  Either one of the following:
    16         (1)  For purposes of Subchapter B (relating to court
    17     interpreters for persons with limited English proficiency),
    18     to convey spoken and written English into the language of the
    19     person with limited English proficiency and to convey oral
    20     and written statements by the person with limited English
    21     proficiency into SPOKEN English.                               <--
    22         (2)  For purposes of Subchapter C (relating to court
    23     interpreters for persons who are deaf), to convey spoken
    24     English in a manner understood by the person who is deaf
    25     through, but not limited to, American Sign Language and
    26     transliteration or the use of Computer-Aided Real-Time
    27     Captioning (CART) or similar procedure, and to convey the
    28     communications made by the person who is deaf into spoken
    29     English.
    30     "Interpreter."  Includes both a certified interpreter and an
    20050S0669B2250                 - 21 -     

     1  otherwise qualified interpreter.
     2     "Judicial proceeding."  An action, appeal or proceeding in
     3  any court of this Commonwealth.
     4     "Limited ability to speak or understand English."  The
     5  ability to speak exclusively or primarily a language other than
     6  English and the inability to sufficiently speak or understand
     7  English.
     8     "Otherwise qualified interpreter."  A person who:
     9         (1)  For purposes of Subchapter B (relating to court
    10     interpreters for persons with limited English proficiency):
    11             (i)  is readily able to interpret; and
    12             (ii)  has read, understands and agrees to abide by
    13         the code of professional conduct for court interpreters
    14         for persons with limited English proficiency as
    15         established by the Court Administrator in accordance with
    16         Subchapter B.
    17         (2)  For purposes of Subchapter C (relating to court
    18     interpreters for persons who are deaf):
    19             (i)  is readily able to interpret;
    20             (ii)  is certified by the National Association of the
    21         Deaf, the Registry of Interpreters for the Deaf or
    22         similar registry; and
    23             (iii)  has read, understands and agrees to abide by
    24         the code of professional conduct for court interpreters
    25         for persons who are deaf as established by the Court
    26         Administrator in accordance with Subchapter C.
    27     "Person who is deaf."  A principal party in interest or a
    28  witness who is deaf.
    29     "Person with limited English proficiency."  A principal party
    30  in interest or a witness, who has limited ability to speak or
    20050S0669B2250                 - 22 -     

     1  understand English.
     2     "Presiding judicial officer."  Includes a judicial officer as
     3  defined in section 102 (relating to definitions).
     4     "Principal party in interest."  A person involved in a
     5  judicial proceeding who is a named party, defendant or direct
     6  victim in a criminal proceeding or proceeding, pursuant to 42     <--
     7  Pa.C.S. Ch. CHAPTER 63 (relating to juvenile matters), will be    <--
     8  bound by the decision or action or is foreclosed from pursuing
     9  that person's rights by the decision or action which may be
    10  taken in the judicial proceeding.
    11     "Transliteration."  To convey spoken or written English in an
    12  English-based sign system and the process of conveying an
    13  English-based sign system in spoken or written English.
    14     "Witness."  A person who testifies in a judicial proceeding.
    15                            SUBCHAPTER B
    16  COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
    17  Sec.
    18  4411.  Duties of Court Administrator.
    19  4412.  Appointment of interpreter.
    20  4413.  Replacement of interpreter.
    21  4414.  Oath.
    22  4415.  Confidential communications in presence of interpreter.
    23  4416.  Cost of providing interpreter.
    24  4417.  Funding.
    25  § 4411.  Duties of Court Administrator.
    26     (a)  Interpreter program.--The Court Administrator may
    27  establish a program to appoint and use certified interpreters in
    28  judicial proceedings. The program established by the Court
    29  Administrator to certify interpreters may include:
    30         (1)  establishing and administering a comprehensive
    20050S0669B2250                 - 23 -     

     1     testing and certification program for interpreters;
     2         (2)  establishing and adopting standards of proficiency,
     3     written and oral, in English and the language to be
     4     interpreted;
     5         (3)  conducting periodic examinations to ensure the
     6     availability of certified interpreters;
     7         (4)  prescribing, determining and certifying the
     8     qualifications of persons who may serve as certified
     9     interpreters for persons with limited English proficiency;
    10         (5)  charging reasonable fees as deemed necessary for
    11     testing and certification;
    12         (6)  reciprocity of certification for interpreters from
    13     other jurisdictions provided that in the judgment of the
    14     Court Administrator, the criteria for certification in the
    15     foreign jurisdiction is at least as stringent as that
    16     established by the Court Administrator;
    17         (7)  providing for the audio recording of testimony that
    18     is the subject of interpretation; and
    19         (8)  providing a continuing education requirement for
    20     interpreters.
    21     (b)  List of certified interpreters.--The Court Administrator
    22  shall compile, maintain and disseminate a current list of
    23  interpreters certified by the Court Administrator for the courts
    24  through any means deemed appropriate by the Court Administrator,
    25  including, but not limited to, a written directory, which shall
    26  be maintained on file with the office of the clerk of courts in
    27  each judicial district, and through publication on the official
    28  World Wide Web site of the Administrative Office.
    29     (c)  Guidelines for court selection of otherwise qualified
    30  interpreters.--The Court Administrator shall provide guidelines
    20050S0669B2250                 - 24 -     

     1  to the courts for the selection and use of otherwise qualified
     2  interpreters in order to ensure that the highest standards of
     3  accuracy are maintained in all judicial proceedings subject to
     4  the provisions of this subchapter.
     5     (d)  Fee schedule.--The Court Administrator shall prescribe,
     6  subject to periodic review, a schedule of reasonable fees for
     7  services rendered by certified interpreters and otherwise
     8  qualified interpreters used in judicial proceedings.
     9     (e)  Standards of professional conduct.--
    10         (1)  The Court Administrator shall establish and adopt
    11     standards for a code of professional conduct for court
    12     interpreters for persons with limited English proficiency.
    13         (2)  The Court Administrator shall establish, administer
    14     or recommend a process to review and respond to allegations
    15     of violations of the code of professional conduct for court
    16     interpreters for persons with limited English proficiency,
    17     including, but not limited to, decertification and other
    18     disciplinary measures.
    19  § 4412.  Appointment of interpreter.
    20     (a)  Appointment of certified interpreter.--Upon request or
    21  sua sponte, if the presiding judicial officer determines that a
    22  principal party in interest OR WITNESS has a limited ability to   <--
    23  speak or understand English, then a certified interpreter shall
    24  be appointed, unless the certified interpreter is unavailable as
    25  provided in subsection (b).
    26     (b)  Appointment of otherwise qualified interpreter.--
    27         (1)  An otherwise qualified interpreter shall be
    28     appointed by the presiding judicial officer if a good faith
    29     effort was made to obtain a certified interpreter and a
    30     certified interpreter was not reasonably available, as
    20050S0669B2250                 - 25 -     

     1     determined by the presiding judicial officer.
     2         (2)  Prior to the appointment of the otherwise qualified
     3     interpreter, the presiding judicial officer, pursuant to
     4     general rule, shall state on the record that a certified
     5     interpreter is not available and that the otherwise qualified
     6     interpreter:
     7             (i)  is readily able to interpret; and
     8             (ii)  has read, understands and agrees to abide by
     9         the code of professional conduct for court interpreters
    10         for persons with limited English proficiency, as
    11         established by the Court Administrator.
    12     (c)  Additional interpreter.--After consideration of the
    13  length of the judicial proceeding and the number of persons with
    14  limited English proficiency involved, the presiding judicial
    15  officer may appoint, as provided in subsections (a) and (b), an
    16  additional interpreter or provide for additional interpretation
    17  in a manner deemed appropriate by the presiding judicial
    18  officer.
    19     (d)  Immediate family.--The presiding judicial officer may
    20  appoint, as provided in subsections (a) and (b), an interpreter
    21  or provide for additional interpretation, as provided in
    22  subsection (c), for an immediate family member of a principal
    23  party in interest.
    24  § 4413.  Replacement of interpreter.
    25     Pursuant to general rule, the presiding judicial officer
    26  shall dismiss the interpreter and obtain the services of another
    27  interpreter in accordance with this subchapter, if the
    28  interpreter:
    29         (1)  Fails to follow the standards prescribed by law or
    30     by the code of professional conduct for court interpreters
    20050S0669B2250                 - 26 -     

     1     for persons with limited English proficiency.
     2         (2)  Is unable to effectively communicate with the
     3     presiding judicial officer or the person with limited English
     4     proficiency, including where the interpreter self-reports
     5     such inability.
     6  § 4414.  Oath.
     7     Before commencement of interpreter duties, an interpreter
     8  appointed under this subchapter shall take an oath or make an
     9  affirmation on the record that the interpreter will make a true
    10  interpretation to the person with limited English proficiency in
    11  the language which the person with limited English proficiency
    12  understands and that the interpreter will repeat the statements
    13  of the person with limited English proficiency to the court in
    14  English to the best of the interpreter's skill and judgment and
    15  in accordance with the code of professional conduct for court
    16  interpreters for persons with limited English proficiency.
    17  § 4415.  Confidential communications in presence of interpreter.
    18     An interpreter appointed under this subchapter shall not be
    19  compelled to testify in any judicial proceeding or
    20  administrative proceeding to any statements made by the person
    21  with limited English proficiency and interpreted by the
    22  interpreter when the person with limited English proficiency is
    23  engaged in a confidential communication as provided by any
    24  statute or general rule, including, but not limited to:
    25         (1)  Section 5916 (relating to confidential
    26     communications to attorney).
    27         (2)  Section 5928 (relating to confidential
    28     communications to attorney).
    29         (3)  Section 5942 (relating to confidential
    30     communications to news reporters).
    20050S0669B2250                 - 27 -     

     1         (4)  Section 5943 (relating to confidential
     2     communications to clergymen).
     3         (5)  Section 5944 (relating to confidential
     4     communications to psychiatrists or licensed psychologists).
     5         (6)  Section 5945 (relating to confidential
     6     communications to school personnel).
     7         (7)  Section 5945.1 (relating to confidential
     8     communications with sexual assault counselors).
     9         (8)  Section 5945.2 (relating to confidential
    10     communications to crime stopper or similar anticrime
    11     program).
    12  § 4416.  Cost of providing interpreter.
    13     (a)  General rule.--An interpreter appointed in accordance
    14  with this subchapter is entitled to a reasonable fee for
    15  interpreter services and shall be reimbursed for actual and
    16  reasonable expenses as provided in this section.
    17     (b)  Principal party in interest.--If the person with limited
    18  English proficiency is a defendant, party or a direct victim in
    19  a judicial proceeding for a criminal matter or juvenile
    20  proceeding pursuant to 42 Pa.C.S. Ch.  CHAPTER 63 (relating to    <--
    21  juvenile matters), then the payment of the cost of providing the
    22  interpreter shall be the responsibility of the county of the
    23  court that has jurisdiction over the judicial proceeding for the
    24  criminal matter.
    25     (c)  Witness.--If the person with limited English proficiency
    26  is compelled to appear as a witness in a judicial proceeding for
    27  a criminal matter, then the payment of the cost of providing the
    28  interpreter shall be the responsibility of the county of the
    29  court that has jurisdiction over the judicial proceeding for the
    30  criminal matter.
    20050S0669B2250                 - 28 -     

     1     (d)  Payment determination.--Except as provided in
     2  subsections (b) and (c), disposition of all or part of the cost
     3  of providing interpreter services shall be in the discretion of
     4  the presiding judicial officer unless the principal party in
     5  interest is indigent. If the principal party in interest is
     6  indigent, then the cost of providing interpreter services shall
     7  be the responsibility of the county of the court that has
     8  jurisdiction over the judicial proceeding. The presiding
     9  judicial officer may order reimbursement to the county for its
    10  responsibilities under this section.
    11  § 4417.  Funding.
    12     Except as provided in section 4416 (relating to cost of
    13  providing interpreter), the General Assembly shall appropriate
    14  to the Court Administrator such sums as may be necessary to
    15  establish a program to facilitate the use of interpreters and
    16  otherwise fulfill the provisions of this subchapter.
    17  Implementation of this section is contingent upon the
    18  availability of appropriated funds to carry out the purposes of
    19  this section.
    20                            SUBCHAPTER C
    21            COURT INTERPRETERS FOR PERSONS WHO ARE DEAF
    22  Sec.
    23  4431.  Duties of Court Administrator.
    24  4432.  Appointment of interpreter.
    25  4433.  Replacement of interpreter.
    26  4434.  Interrogation.
    27  4435.  Oath.
    28  4436.  Confidential communications in presence of interpreter.
    29  4437.  Cost of providing interpreter.
    30  4438.  Funding.
    20050S0669B2250                 - 29 -     

     1  § 4431.  Duties of Court Administrator.
     2     (a)  Interpreter program.--The Court Administrator may
     3  establish a program to appoint and use certified interpreters in
     4  judicial proceedings. To certify interpreters, the Court
     5  Administrator shall either:
     6         (1)  establish a program, which shall include:
     7             (i)  establishing and administering a comprehensive
     8         testing and certification program for interpreters;
     9             (ii)  establishing and adopting standards of
    10         proficiency, including, but not limited to, certification
    11         by the Registry of Interpreters for the Deaf or similar
    12         registry;
    13             (iii)  conducting periodic examinations to ensure the
    14         availability of certified interpreters;
    15             (iv)  prescribing, determining and certifying the
    16         qualifications of persons who may serve as certified
    17         interpreters; and
    18             (v)  charging reasonable fees as deemed necessary for
    19         testing and certification; or
    20         (2)  establish and support a certification program by any
    21     means as deemed appropriate by the Court Administrator.
    22     (b)  List of certified interpreters.--The Court Administrator
    23  shall compile, maintain and disseminate a current list of
    24  interpreters certified by the Court Administrator for the courts
    25  through any means deemed appropriate by the Court Administrator,
    26  including, but not limited to, a written directory, which shall
    27  be maintained on file with the office of the clerk of courts in
    28  each judicial district, and through publication on the official
    29  World Wide Web site of the Administrative Office.
    30     (c)  Guidelines for court selection of otherwise qualified
    20050S0669B2250                 - 30 -     

     1  interpreters.--The Court Administrator shall provide guidelines
     2  to the courts for the selection and use of otherwise qualified
     3  interpreters in order to ensure that the highest standards of
     4  accuracy are maintained in all judicial proceedings subject to
     5  the provisions of this subchapter.
     6     (d)  Fee schedule.--The Court Administrator shall prescribe,
     7  subject to periodic review, a schedule of reasonable fees for
     8  services rendered by certified interpreters and otherwise
     9  qualified interpreters used in judicial proceedings.
    10     (e)  Standards of professional conduct.--
    11         (1)  The Court Administrator shall establish and adopt
    12     standards for a code of professional conduct for court
    13     interpreters for persons who are deaf.
    14         (2)  The Court Administrator shall establish, administer
    15     or recommend a process to review and respond to allegations
    16     of violations of the code of professional conduct for court
    17     interpreters of persons who are deaf, including, but not
    18     limited to, decertification and other disciplinary measures.
    19  § 4432.  Appointment of interpreter.
    20     (a)  Appointment of certified interpreter.--Upon request or
    21  sua sponte, if the presiding judicial officer determines that a
    22  principal party in interest OR WITNESS is deaf, then a certified  <--
    23  interpreter shall be appointed, unless the certified interpreter
    24  is unavailable as provided in subsection (b).
    25     (b)  Appointment of otherwise qualified interpreter when
    26  certified interpreter is unavailable.--
    27         (1)  An otherwise qualified interpreter shall be
    28     appointed by the presiding judicial officer if a good faith
    29     effort was made to obtain a certified interpreter and a
    30     certified interpreter was not reasonably available, as
    20050S0669B2250                 - 31 -     

     1     determined by the presiding judicial officer.
     2         (2)  Prior to the appointment of the otherwise qualified
     3     interpreter, the presiding judicial officer, pursuant to
     4     general rule, shall state on the record that a certified
     5     interpreter is not available and that the otherwise qualified
     6     interpreter:
     7             (i)  is readily able to interpret;
     8             (ii)  is certified by the National Association of the
     9         Deaf, the Registry of Interpreters for the Deaf or
    10         similar registry to the best of the knowledge of the
    11         presiding judicial officer; and
    12             (iii)  has read, understands and agrees to abide by
    13         the code of professional conduct for court interpreters
    14         for persons who are deaf, as established by the Court
    15         Administrator.
    16     (c)  Additional interpreter.--After consideration of the
    17  length of the judicial proceeding, the special needs of the
    18  person who is deaf, and the number of persons involved who are
    19  deaf, the presiding judicial officer may appoint, as provided in
    20  subsections (a) and (b), an additional interpreter or provide
    21  for additional interpretation in a manner deemed appropriate by
    22  the presiding judicial officer.
    23     (d)  Immediate family.--The presiding judicial officer may
    24  appoint, as provided in subsections (a) and (b), an interpreter
    25  or provide for additional interpretation, as provided in
    26  subsection (c), for an immediate family member of a principal
    27  party in interest.
    28  § 4433.  Replacement of interpreter.
    29     Pursuant to general rule, the presiding judicial officer
    30  shall dismiss the interpreter and obtain the services of another
    20050S0669B2250                 - 32 -     

     1  interpreter in accordance with this subchapter, if the
     2  interpreter:
     3         (1)  Fails to follow the standards prescribed by law or
     4     by the code of professional conduct for court interpreters
     5     for persons who are deaf.
     6         (2)  Is unable to effectively communicate with the
     7     presiding judicial officer or the person who is deaf,
     8     including where the interpreter self-reports such inability.
     9  § 4434.  Interrogation.
    10     Upon the arrest of any person who is deaf and prior to
    11  interrogation the arresting officer shall make available to the
    12  person who is deaf an interpreter who shall be present with the
    13  person who is deaf throughout the interrogation.
    14  § 4435.  Oath.
    15     Before commencement of interpreter duties, an interpreter
    16  appointed under this subchapter shall take an oath or make an
    17  affirmation on the record that the interpreter will make a true
    18  interpretation to the person who is deaf in a manner that the
    19  person who is deaf understands and that the interpreter will
    20  repeat the statements of the person who is deaf to the court in
    21  English to the best of the interpreter's skill and judgment and
    22  in accordance with the code of professional conduct for court
    23  interpreters for persons who are deaf.
    24  § 4436.  Confidential communications in presence of interpreter.
    25     An interpreter appointed under this subchapter shall not be
    26  compelled to testify in any judicial proceeding or
    27  administrative proceeding, to any statements made by the person
    28  who is deaf and interpreted by the interpreter when the person
    29  who is deaf is engaged in a confidential communication as
    30  provided by any statute or general rule, including, but not
    20050S0669B2250                 - 33 -     

     1  limited to:
     2         (1)  Section 5916 (relating to confidential
     3     communications to attorney).
     4         (2)  Section 5928 (relating to confidential
     5     communications to attorney).
     6         (3)  Section 5942 (relating to confidential
     7     communications to news reporters).
     8         (4)  Section 5943 (relating to confidential
     9     communications to clergymen).
    10         (5)  Section 5944 (relating to confidential
    11     communications to psychiatrists or licensed psychologists).
    12         (6) Section 5945 (relating to confidential communications
    13     to school personnel).
    14         (7)  Section 5945.1 (relating to confidential
    15     communications with sexual assault counselors).
    16         (8)  Section 5945.2 (relating to confidential
    17     communications to crime stopper or similar anticrime
    18     program).
    19  § 4437.  Cost of providing interpreter.
    20     (a)  General rule.--Except as provided by general rule and in
    21  subsection (b), an interpreter appointed in accordance with this
    22  subchapter is entitled to a reasonable fee for the services of
    23  the interpreter and shall be reimbursed for actual and
    24  reasonable expenses by the county that has jurisdiction over the
    25  judicial proceeding.
    26     (b)  Payment determination of certain costs.--Disposition of
    27  all or part of the cost of providing an interpreter appointed in
    28  accordance with section 4433(d) (relating to appointment of
    29  interpreter) shall be in the discretion of the court that has
    30  jurisdiction over the judicial proceeding. In no event shall the
    20050S0669B2250                 - 34 -     

     1  cost of providing interpreter services be the responsibility of
     2  the person who is deaf. If the principal party in interest is
     3  indigent, then the cost of providing interpreter services shall
     4  be the responsibility of the county of the court that has
     5  jurisdiction over the judicial proceeding. The presiding
     6  judicial officer may order reimbursement to the county for its
     7  responsibilities under this subchapter.
     8  § 4438.  Funding.
     9     Except as provided in section 4437 (relating to cost of
    10  providing interpreter), the General Assembly shall appropriate
    11  to the Court Administrator such sums as may be necessary to
    12  establish a program to facilitate the use of interpreters and
    13  otherwise fulfill the provisions of this subchapter.
    14  Implementation of this section is contingent upon the
    15  availability of appropriated funds to carry out the purposes of
    16  this section.
    17     Section 5.  Sections 7103 and 8701 of Title 42 are repealed.   <--
    18     SECTION 5.  SECTIONS 7103 AND 8701 OF TITLE 42 ARE AMENDED TO  <--
    19  READ:
    20  [§ 7103.  INTERPRETERS FOR THE DEAF.
    21     (A)  GENERAL RULE.--IN ANY CIVIL PROCEEDING IN WHICH A PARTY
    22  IS DEAF, THE COURT MAY APPOINT AN INTERPRETER TO ASSIST THE
    23  PARTY THROUGHOUT THE PROCEEDING. DISPOSITION OF COSTS SHALL BE
    24  IN DISCRETION OF THE COURT.
    25     (B)  OATH.--THE INTERPRETER SHALL SWEAR OR AFFIRM THAT HE
    26  WILL MAKE A TRUE INTERPRETATION TO THE DEAF PERSON AND THAT HE
    27  WILL REPEAT THE STATEMENTS OF THE DEAF PERSON TO THE BEST OF HIS
    28  ABILITY.
    29     (C)  DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
    30  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    20050S0669B2250                 - 35 -     

     1  SUBSECTION:
     2     "DEAF."  PERSONS WHO ARE DEAF OR WHOSE HEARING IS SO IMPAIRED
     3  THAT THEY ARE UNABLE TO UNDERSTAND OR COMMUNICATE THE SPOKEN
     4  ENGLISH LANGUAGE.
     5     "INTERPRETER."  A PERSON QUALIFIED AND TRAINED TO TRANSLATE
     6  FOR OR COMMUNICATE WITH DEAF PERSONS. ANY PERSON CERTIFIED BY
     7  THE NATIONAL OR LOCAL REGISTRY OF INTERPRETERS FOR THE DEAF OR
     8  SIMILAR REGISTRY SHALL BE CONSIDERED QUALIFIED FOR THE PURPOSES
     9  OF THIS SECTION.]
    10  [§ 8701.  INTERPRETERS FOR THE DEAF.
    11     (A)  INTERROGATION.--UPON THE ARREST OF ANY DEAF PERSON, AND
    12  PRIOR TO INTERROGATION, THE ARRESTING OFFICER SHALL MAKE
    13  AVAILABLE TO SUCH PERSON AN INTERPRETER WHO SHALL BE PRESENT
    14  WITH SUCH PERSON THROUGHOUT THE INTERROGATION.
    15     (B)  CRIMINAL PROCEEDINGS.--IN ANY CRIMINAL PROCEEDING IN
    16  WHICH A DEFENDANT IS DEAF THE COURT SHALL APPOINT AN INTERPRETER
    17  TO ASSIST THE DEFENDANT THROUGHOUT THE PROCEEDING.
    18     (C)  OATH.--THE INTERPRETER SHALL SWEAR OR AFFIRM THAT HE
    19  WILL MAKE A TRUE INTERPRETATION TO THE DEAF PERSON AND THAT HE
    20  WILL REPEAT THE STATEMENTS OF THE DEAF PERSON TO THE BEST OF HIS
    21  ABILITY.
    22     (D)  DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
    23  WORDS SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
    24     "DEAF."  PERSONS WHO ARE DEAF OR WHOSE HEARING IS SO IMPAIRED
    25  THAT THEY ARE UNABLE TO UNDERSTAND OR COMMUNICATE THE SPOKEN
    26  ENGLISH LANGUAGE.
    27     "INTERPRETER."  A PERSON QUALIFIED AND TRAINED TO TRANSLATE
    28  FOR OR COMMUNICATE WITH DEAF PERSONS. ANY PERSON CERTIFIED BY
    29  THE NATIONAL OR LOCAL REGISTRY OF INTERPRETERS FOR THE DEAF OR
    30  SIMILAR REGISTRY SHALL BE CONSIDERED QUALIFIED FOR THE PURPOSES
    20050S0669B2250                 - 36 -     

     1  OF THIS SECTION.]
     2     Section 6.  This act shall take effect in 60 days.



















    L21L02JS/20050S0669B2250        - 37 -
See other bills
under the
same topic