BILL REQ. #: H-1923.1
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 03/01/13.
AN ACT Relating to the provision of and reimbursement for certain court interpreter services; and amending RCW 2.43.030, 2.43.040, and 2.42.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.43.030 and 2005 c 282 s 3 are each amended to read
as follows:
(1) Whenever ((an interpreter is appointed to assist a non-English-speaking person in)) a non-English-speaking person is a party, is
subpoenaed or summoned, or is otherwise compelled to appear at any
stage of a legal proceeding, the appointing authority shall((, in the
absence of a written waiver by the person,)) appoint a certified,
registered, or ((a)) qualified interpreter to assist the non-English-speaking person ((throughout)) in the proceeding((s)).
(a) Except as otherwise provided for in (b) of this subsection, the
interpreter appointed shall be a qualified interpreter.
(b) Beginning on July 1, 1990, when a non-English-speaking person
is a party to a legal proceeding, ((or)) is subpoenaed or summoned by
an appointing authority, or is otherwise compelled by an appointing
authority to appear at a legal proceeding, the appointing authority
shall use the services of only those language interpreters who have
been certified or registered by the administrative office of the
courts, unless good cause is found and noted on the record by the
appointing authority. For purposes of chapter 358, Laws of 1989, "good
cause" includes, but is not limited to, a determination that:
(i) Given the totality of the circumstances, including the nature
of the proceeding and the potential penalty or consequences involved,
the services of a certified interpreter are not reasonably available to
the appointing authority; ((or))
(ii) The current list of certified interpreters maintained by the
administrative office of the courts does not include an interpreter
certified in the language spoken by the non-English-speaking person; or
(iii) The current list of registered interpreters maintained by the
administrative office of the courts does not include an interpreter
registered in the language spoken by the non-English-speaking person.
(c) Except as otherwise provided in this section, when a non-English-speaking person is involved in a legal proceeding, the
appointing authority shall appoint a qualified interpreter.
(2) If good cause is found for using an interpreter who is not
certified or registered, or if a qualified interpreter is appointed,
the appointing authority shall make a preliminary determination, on the
basis of testimony or stated needs of the non-English-speaking person,
that the proposed interpreter is able to interpret accurately all
communications to and from such person in that particular proceeding.
The appointing authority shall satisfy itself on the record that the
proposed interpreter:
(a) Is capable of communicating effectively with the court or
agency and the person for whom the interpreter would interpret; and
(b) Has read, understands, and will abide by the code of ethics for
language interpreters established by court rules.
Sec. 2 RCW 2.43.040 and 2008 c 291 s 3 are each amended to read
as follows:
(1) Interpreters appointed according to this chapter are entitled
to a reasonable fee for their services and shall be reimbursed for
actual expenses which are reasonable as provided in this section.
(2) In all legal proceedings in which the non-English-speaking
person is a party, ((or)) is subpoenaed or summoned ((by the appointing
authority)), or is otherwise compelled ((by the appointing authority to
appear, including criminal proceedings, grand jury proceedings,
coroner's inquests, mental health commitment proceedings, and other
legal proceedings initiated by agencies of government)) to appear, the
cost of providing the interpreter shall be borne by the governmental
body initiating the legal proceedings or, in cases that are not
initiated by a governmental body, the governmental body under the
authority of which the legal proceeding is conducted.
(3) ((In other legal proceedings, the cost of providing the
interpreter shall be borne by the non-English-speaking person unless
such person is indigent according to adopted standards of the body. In
such a case the cost shall be an administrative cost of the
governmental body under the authority of which the legal proceeding is
conducted.)) The cost of providing the interpreter is a taxable cost of
any proceeding in which costs ordinarily are taxed.
(4)
(((5))) (4) Subject to the availability of funds specifically
appropriated therefor, the administrative office of the courts shall
reimburse the appointing authority for ((up to)) one-half of the
payment to the interpreter where an interpreter is appointed by a
judicial officer in a proceeding before a court at public expense and:
(a) The interpreter appointed is an interpreter certified by the
administrative office of the courts or is a qualified interpreter
registered by the administrative office of the courts in a noncertified
language, or where the necessary language is not certified or
registered, the interpreter has been qualified by the judicial officer
pursuant to this chapter;
(b) The court conducting the legal proceeding has an approved
language assistance plan that complies with RCW 2.43.090; and
(c) The fee paid to the interpreter for services is in accordance
with standards established by the administrative office of the courts.
(5) The appointing authority shall track and provide interpreter
cost and usage data, including best practices and innovations, to the
administrative office of the courts at least annually in a manner that
is determined by the administrative office of the courts.
Sec. 3 RCW 2.42.120 and 2008 c 291 s 2 are each amended to read
as follows:
(1) If a hearing impaired person is a party or witness 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 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) Subject to the availability of funds specifically appropriated
therefor, the administrative office of the courts shall reimburse the
appointing authority for ((up to)) one-half of the payment to the
interpreter where a qualified interpreter is appointed for a hearing
impaired person by a judicial officer in a proceeding before a court
under subsection (1), (2), or (3) of this section in compliance with
the provisions of RCW 2.42.130 and 2.42.170.