2016 -- H 8170

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LC005885

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - OFFICIAL COURT INTERPRETERS

     

     Introduced By: Representative Christopher R. Blazejewski

     Date Introduced: May 05, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-5-8.2 of the General Laws in Chapter 8-5 entitled "Court

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Secretaries, Court Reporters, and Electronic Court Reporters" is hereby amended to read as

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follows:

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     8-5-8.2. Privileged communications. -- In the trial of every cause, both civil and

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criminal, no interpreter/transliterator for the deaf, hard of hearing, and deaf-blind or an official

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interpreter employed or contracted by the state office of court interpreters acting in their official

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capacity shall be competent to testify concerning any statement made to him or her in connection

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with the interpreter's or transliterator's interpretation or transliteration for the deaf, hard of

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hearing, and deaf-blind or in connection with interpretation or transliteration performed by an

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official interpreter employed or contracted by the state office of court interpreters acting in their

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official capacity, without the consent of the person making the statement. No duly licensed

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interpreter/transliterator for the deaf, hard of hearing, and deaf-blind or an official interpreter

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employed or contracted by the state office of court interpreters acting in their official capacity

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shall be allowed, in giving testimony to disclose any confidential communication, properly

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entrusted to him or her in his or her professional capacity, and necessary and proper to enable him

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or her to discharge the functions of his or her office in the usual course of practice or discipline,

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without the consent of the person making the communication.

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     SECTION 2. Section 9-17-25 of the General Laws in Chapter 9-17 entitled "Witnesses"

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is hereby amended to read as follows:

 

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     9-17-25. Privileged communication -- Interpreter. -- Whenever a sign language

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interpreter or an official interpreter employed or contracted by the state office of court interpreters

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acting in their official capacity is used to facilitate a communication which is privileged pursuant

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to either statutory law or common law between parties, one or more of whom is hearing impaired,

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the sign language interpreter or an official interpreter employed or contracted by the state office

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of court interpreters acting in their official capacity shall not be compelled to testify in any forum

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regarding that communication.

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     SECTION 3. 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 - OFFICIAL COURT INTERPRETERS

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     This act would extend the privileged nature of communications to interpreters of those

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communications as long as the interpreters are officially working for the state office of court

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interpreters.

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     This act would take effect upon passage.

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LC005885

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