2014 -- S 2549

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LC003989

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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: Senators McCaffrey, Lombardi, Archambault, and Ciccone

     Date Introduced: February 27, 2014

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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

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

Proceedings" are hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

every word that is spoken without emendation or amendment.

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

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

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

appointment of interpreters.

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

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

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

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

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

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

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

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

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

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

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

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

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

provision of section §8-19-5.

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

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

state court system.

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

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

administrative office of state courts proceeding.

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

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

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

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

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

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

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

make its appointments.

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

certified interpreter when:

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

interpreter and one is not available; and

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

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

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

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

a preliminary nature may include but not be limited to:

      (i) Arraignments;

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

      (iii) Probation reviews;

      (iv) Preliminary hearings on pretrial motions; and

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

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

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

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

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

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

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

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

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

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

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

each proceeding in which their interpreting services are used.

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

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

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

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

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

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

interpreter is seeking certification.;

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

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

terminologies.;

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

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

language interpreting.;

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

language interpreter.;

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

state certified and qualified interpreters.;

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

certificates issued to foreign language interpreters under this chapter.;

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

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

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

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

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

foreign language interpreters in other languages.; and

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

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

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

     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

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

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

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

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

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

     This act would take effect upon passage.

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