2014 -- H 7306

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - LANGUAGE INTERPRETERS - USE

OF LANGUAGE INTERPRETERS IN LEGAL PROCEEDINGS

     

     Introduced By: Representatives Craven, O`Neill, Keable, and Shekarchi

     Date Introduced: January 30, 2014

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 8-19-1, 8-19-2, 8-19-3, 8-19-4 and 8-19-5 of the General Laws in

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Chapter 8-19 entitled "Language Interpreters - Use of Language Interpreters in Legal

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Proceedings" are hereby amended to read as follows:

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     8-19-1. Legislative declaration -- Intent. -- (a) It is hereby declared to be the policy of

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the state of Rhode Island to guarantee the rights of persons who, because of a non-English

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speaking background, are unable to readily understand or communicate in the English language,

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and who consequently need the assistance of an interpreter to be fully protected in legal

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proceedings in criminal matters before the Rhode Island superior court, the Rhode Island district

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court, and in juvenile matters in the Rhode Island family court unified state court system. Court

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interpretation requires not only a full command of two (2) languages, but also a knowledge of

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courtroom procedure, legal vocabulary, the overall court and legal systems, and an understanding

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that the role of an interpreter consists not of abridging or editorializing, but of exactly interpreting

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every word that is spoken without emendation or amendment.

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      (b) It is the intent of the legislature, by the enactment of this chapter, to provide

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interpreters to non-English speaking limited-English-proficient persons in criminal proceedings

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before the state courts in Rhode Island and to establish a procedure for the certification and

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appointment of interpreters.

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     8-19-2. Definitions. -- As used in this chapter:

 

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      (1) A "non-English speaking person" "limited-English-proficient person" means any

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person who can not readily speak or understand the English language and whose native language

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is either Spanish, Portuguese, Cape Verdean or Cambodian. Hearing impaired persons covered

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under section 8-5-8 are not included in this definition whose primary language is not English and

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who does not have the ability to adequately understand or communicate effectively in English.

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      (2) A "qualified interpreter" is a person who through experience and training is able to

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translate a particular foreign language into English is able to interpret simultaneously and

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consecutively and sight translate from English into a foreign language and from said language

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into English but who does not have a state certification is not certified pursuant to this chapter.

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      (3) A "state certified interpreter" is one who is able to interpret simultaneously and

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consecutively and sight translate from English to the language of the person needing an

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interpreter, and from said language to English, and who has been certified pursuant to the

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provision of section ยง8-19-5.

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      (4) "Legal proceedings" means any criminal proceeding in the Rhode Island superior

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court, Rhode Island district court, or in juvenile matters before the Rhode Island family court

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state court system.

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      (5) "Appointing authority" means the judicial officer presiding at any of the a legal

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proceedings defined in this section and pursuant to the rules and regulations set forth by the

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administrative office of state courts proceeding.

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     8-19-3. Appointment of state certified or qualified interpreters. -- (a) When a non-

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English speaking limited-English-proficient person is a party, or the parent or legal guardian of a

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party, to a defined legal proceeding, or an alleged victim in a criminal proceeding, the appointing

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authority shall, in the absence of written waiver by such person, appoint a state certified

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interpreter to assist such person during the legal proceeding. Pursuant to section 8-19-5, the state

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department of higher education and the The state court administrator's office shall maintain a list

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of Rhode Island state certified and qualified interpreters from which the appointing authority shall

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make its appointments.

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      (b) The appointing authority may appoint a qualified interpreter in place of a state

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certified interpreter when:

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      (1) A good-faith effort has been made to locate and obtain the services of a state certified

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interpreter and one is not available; and

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      (2) The appointing authority makes a finding that the proposed qualified interpreter

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appears to have adequate language skills,; knowledge of interpreting techniques,; familiarity with

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interpreting in a court or hearing,; and that he/she has read, understands, and will abide by an

 

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established code of ethics for language interpreters pursuant to this chapter; and

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      (3) The proceeding is one of a preliminary nature and of a short duration. Proceedings of

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a preliminary nature may include but not be limited to:

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      (i) Arraignments;

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      (ii) Costs, restitution, and/or fine reviews;

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      (iii) Probation reviews;

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      (iv) Preliminary hearings on pretrial motions; and

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      (v) Appearances before the court on bench warrants or arrest warrants.

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      (c) If any relationship between the interpreter and any of the parties, attorneys,

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witnesses, victims, or any other persons involved in the proceeding exists, the nature of that

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relationship shall be disclosed to the appointing authority on the record and the appointing

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authority may in its discretion excuse the interpreter from said proceeding.

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     8-19-4. Compensation of interpreters. -- Interpreters appointed pursuant to this chapter

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shall be paid by the state in accordance with a fee schedule which that shall be established by the

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supreme court. The state court administrator is hereby empowered to establish policies and

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procedures governing the appointment, service, and payment of interpreters appointed under this

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chapter and is further empowered to enter into service contracts with state certified and qualified

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interpreters. Qualified interpreters shall be paid in the same manner as certified interpreters for

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each proceeding in which their interpreting services are used.

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     8-19-5. Certification of interpreters -- Establishment and procedure. -- The state

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department of higher education in cooperation with the administrative office of state courts, with

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the approval of the supreme court, shall promulgate regulations which establish standards,

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criteria, and testing methods for the certification of foreign language interpreters under this

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chapter. The regulations promulgated shall address but not be limited to:

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      (1) Developing testing procedures for proficiency in the foreign language for which the

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interpreter is seeking certification.;

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      (2) Developing testing procedures for proficiency in the English language.;

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      (3) Developing testing procedures for knowledge of legal proceedings and legal

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terminologies.;

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      (4) Developing standards for the approval of courses and/or curricula at colleges and

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universities and other institutes of higher learning who that wish to offer courses in foreign

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language interpreting.;

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      (5) Establishing minimum competency requirements for state certification as a foreign

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language interpreter.;

 

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      (6) Establishing re-certification procedures and continuing educational requirements for

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state certified and qualified interpreters.;

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      (7) Establishing procedures for the termination, cancellation, or suspension of

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certificates issued to foreign language interpreters under this chapter.;

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      (8) Establishing a code of ethics for foreign language interpreters.;

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      (9) Establishing procedures for the granting of waivers for recognition of foreign

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language interpreters who have been certified in other states or by the federal court.;

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      (10) Establishing a procedure for the compilation and maintenance of statistics on the

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frequency and use of foreign language interpreters appointed under this chapter and the need for

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foreign language interpreters in other languages.; and

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      (11) Establishing a procedure for the creation of a list of the names and addresses

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contact information of all state certified interpreters and qualified interpreters and making said list

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available to the state court administrator and to all courts covered by this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - LANGUAGE INTERPRETERS - USE

OF LANGUAGE INTERPRETERS IN LEGAL PROCEEDINGS

***

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     This act would define "limited English proficient person" for the purposes of interpreters

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for legal proceedings as any person whose primary language is not English and who does not

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have the ability to adequately understand or communicate effectively in English. This act would

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also provide for language services at legal proceedings in the state court system. This act would

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also transfer the responsibility for developing and maintaining standards and an interpreter roster

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from the department of higher education to the administrative office of state courts.

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     This act would take effect upon passage.

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