H-0919

AN ACT Relating to interpreters; and amending RCW 2.42.020, 2.42.030, 2.42.040, 2.42.050, 2.42.110, 2.42.120, 2.42.130, 2.42.160, 2.42.170, and 2.42.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 2.42.020 and 1989 c 358 s 13 are each amended to read as follows:

As used in this chapter (1) an "impaired person" is any person involved in a legal proceeding who is deaf or who, because of other hearing or speech defects, cannot readily understand or communicate in spoken language and who, when involved as a ((~~party~~)) participant to a legal proceeding, is unable by reason of such defects to effectively obtain due process of law and/or to participate in a legal proceeding; (2) a "qualified interpreter" is one who is able readily to translate spoken language to impaired persons and to translate statements of impaired persons into spoken language; (3) "legal proceeding" is a proceeding in any court in this state, at grand jury hearings or hearings before an inquiry judge, or before administrative boards, commissions, agencies, or licensing bodies of the state or any political subdivision thereof; (4) "participant" is any hearing impaired person that is a party, an officer of the court, a counsel, a witness, or a member of the jury present at any stage of a legal proceeding; and (5) "member of the public" is one or more hearing impaired person or persons, other than the participant, who has solicited the governmental body under the authority of which the proceeding is conducted for a qualified interpreter prior to the start of any stage of a legal proceeding.

Sec. 2. RCW 2.42.030 and 1973 c 22 s 3 are each amended to read as follows:

When an impaired person is a ((~~party to~~)) participant in any legal proceeding ((~~or a witness~~)) therein the judge, magistrate, or other presiding official shall, in the absence of a written waiver by the impaired person, appoint a qualified interpreter to assist the impaired person throughout the proceedings.

Sec. 3. RCW 2.42.040 and 1973 c 22 s 4 are each amended to read as follows:

Interpreters appointed pursuant to this chapter shall be adequately compensated for their services and shall be reimbursed for actual expenses as hereinafter provided:

((~~(1)~~)) In ((~~criminal~~)) legal proceedings, grand jury proceedings, coroner's inquests, mental health commitment proceedings, and other proceedings initiated by agencies of government, the cost of providing the interpreter under this chapter shall be ((~~borne~~)) paid by the ((~~governmental body initiating the proceedings.~~

(2) In other legal proceedings the cost of providing the interpreter shall be borne by the impaired person unless the impaired person is indigent, pursuant to adopted standards of the body, and thus unable to pay for the interpreter, in which case the cost shall be borne as an administrative cost of the governmental body under the authority of which the proceeding is conducted.

~~(3) The cost of providing the interpreter may be a taxable cost of any proceeding in which costs are ordinarily taxed~~)) state.

Sec. 4. RCW 2.42.050 and 1989 c 358 s 14 are each amended to read as follows:

Every qualified interpreter appointed under this chapter in a ((~~judicial or administrative~~)) legal proceeding shall, before beginning to interpret, take an oath that a true interpretation will be made to the person being examined of all the proceedings in a manner which the person understands, and that the interpreter will repeat the statements of the person being examined to the court or other agency conducting the proceedings, to the best of the interpreter's skill and judgment.

Sec. 5. RCW 2.42.110 and 1985 c 389 s 11 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Hearing impaired person" means a person who, because of a hearing impairment, cannot readily understand or communicate in spoken language; and includes persons who are deaf, deaf and blind, or hard of hearing.

(2) "Qualified interpreter" means ((~~an interpreter who is certified by the registry of interpreters for the deaf with the certificate level specified below and who meets the requirements of RCW 2.42.130.~~

~~(a) For judicial proceedings involving a class A felony, use of the services of a qualified interpreter holding the specialist certificate-legal is required.~~

(b) For other judicial, quasi-judicial, or administrative proceedings, use of the services of a qualified interpreter holding the specialist certificate-legal, master's comprehensive skills certificate, or comprehensive skills certificate is required.

~~(c)~~)) a visual language interpreter who is certified by the state or is certified by the registry of interpreters for the deaf to hold the comprehensive skills certificate or both certificates of interpretation and transliteration.

For programs and activities other than judicial or administrative proceedings, the services of a qualified interpreter ((~~holding a partial certification~~)) shall be required. ((Efforts to obtain the services of a qualified interpreter holding the master's comprehensive certificate or comprehensive skills certificate shall be made before obtaining the services of a qualified interpreter holding the interpreting certificate and/or the transliterating certificate.

~~(4)~~)) (3) "Intermediary interpreter" means a hearing impaired interpreter who holds a reverse skills certificate by the state or is certified by the registry of interpreters for the deaf with a reverse skills certificate, who meets the requirements of RCW 2.42.130, and who is able to assist in providing an accurate interpretation between spoken and sign language or between variants of sign language by acting as an intermediary between a hearing impaired person and a qualified hearing interpreter.

((~~(5)~~)) (4) "Appointing authority" means the presiding officer or similar official of any court, department, board, commission, agency, licensing authority, or legislative body of the state or of any political subdivision.

Sec. 6. RCW 2.42.120 and 1985 c 389 s 12 are each amended to read as follows:

(1) If a hearing impaired person is a ((~~party or witness~~)) participant and/or a member of the public at any stage of a judicial or quasi-judicial proceeding in the state or in a political subdivision, including but not limited to ((~~civil and criminal court~~)) legal proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any proceeding in which a hearing impaired person may be subject to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.

(2) If the parent, guardian, or custodian of a juvenile brought before a court is hearing impaired, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.

(3) If a hearing impaired person participates in a program or activity ordered by a court as part of the sentence or order of disposition, required as part of a diversion agreement or deferred prosecution program, or required as a condition of probation or parole, the appointing authority shall appoint and pay for a qualified interpreter to interpret exchange of information during the program or activity.

(4) If a law enforcement agency conducts a criminal investigation involving the interviewing of a hearing impaired person, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. Whenever a law enforcement agency conducts a criminal investigation involving the interviewing of a minor child whose parent, guardian, or custodian is hearing impaired, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter.

(5) If a hearing impaired person is arrested for an alleged violation of a criminal law the arresting officer or the officer's supervisor shall, at the earliest possible time, procure and arrange payment for a qualified interpreter for any notification of rights, warning, interrogation, or taking of a statement. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter.

(6) Where it is the policy and practice of a court of this state or of a political subdivision to appoint and pay counsel for persons who are indigent, the appointing authority shall appoint and pay for a qualified interpreter for hearing impaired persons to facilitate communication with counsel in all phases of the preparation and presentation of the case.

(7) The state shall fully reimburse the appointing authority for any qualified interpreter and/or intermediary interpreter costs that have been incurred to interpret any proceeding.

Sec. 7. RCW 2.42.130 and 1985 c 389 s 13 are each amended to read as follows:

(1) If a qualified interpreter for a hearing impaired person is required, the appointing authority shall request a qualified interpreter and/or an intermediary interpreter through the department of social and health services, office of deaf services, or through any community center for hearing impaired persons which operates an interpreter referral service. The office of deaf services and these community centers shall maintain an up-to-date list or lists of interpreters that are certified by the state and/or by the registry of interpreters for the deaf.

(2) The appointing authority shall make a preliminary determination, on the basis of testimony or stated needs of the hearing impaired person, that the interpreter is able in that particular proceeding, program, or activity to interpret accurately all communication to and from the hearing impaired person. If at any time during the proceeding, program, or activity, in the opinion of the hearing impaired person or a qualified observer, the interpreter does not provide accurate, impartial, and effective communication with the hearing impaired person the appointing authority shall appoint another qualified interpreter. No otherwise qualified interpreter who is a relative of any participant in the proceeding may be appointed.

Sec. 8. RCW 2.42.160 and 1985 c 389 s 16 are each amended to read as follows:

(1) A qualified and/or intermediary interpreter shall not, without the written consent of the ((~~parties~~)) participants to the communication, be examined as to any communication the interpreter interprets under circumstances where the communication is privileged by law.

(2) A qualified and/or intermediary interpreter shall not, without the written consent of the ((~~parties~~)) participants to the communication, be examined as to any information the interpreter obtains while interpreting pertaining to any proceeding then pending.

Sec. 9. RCW 2.42.170 and 1985 c 389 s 17 are each amended to read as follows:

A qualified and/or intermediary interpreter appointed under this chapter is entitled to a reasonable fee for services, including waiting time and reimbursement for actual necessary travel expenses. The fee for services for interpreters for hearing impaired persons shall be in accordance with standards established by the department of social and health services, office of deaf services.

Sec. 10. RCW 2.42.180 and 1985 c 389 s 18 are each amended to read as follows:

At the request of any ((~~party~~)) participant to the proceeding or on the appointing authority's initiative, the appointing authority may order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding.

In any judicial proceeding involving a capital offense, the appointing authority shall order that the testimony of the hearing impaired person and the interpretation of the proceeding by the qualified interpreter be visually recorded for use in verification of the official transcript of the proceeding.