2017 -- H 5184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - OFFICIAL COURT INTERPRETERS

     Introduced By: Representatives Blazejewski, Keable, Johnston, Solomon, and Shanley

     Date Introduced: January 19, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

follows:

     8-5-8.2. Privileged communications.

     In the trial of every cause, both civil and criminal, no interpreter/transliterator for the

deaf, hard of hearing, and deaf-blind or an official interpreter employed or contracted by the state

office of court interpreters acting in their official capacity shall be competent to testify concerning

any statement made to him or her in connection with the interpreter's or transliterator's

interpretation or transliteration for the deaf, hard of hearing, and deaf-blind or in connection with

interpretation or transliteration performed by an official interpreter employed or contracted by the

state office of court interpreters acting in their official capacity, without the consent of the person

making the statement. No duly licensed interpreter/transliterator for the deaf, hard of hearing, and

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

acting in their official capacity shall be allowed, in giving testimony to disclose any confidential

communication, properly entrusted to him or her in his or her professional capacity, and

necessary and proper to enable him or her to discharge the functions of his or her office in the

usual course of practice or discipline, without the consent of the person making the

communication.

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

is hereby amended to read as follows:

     9-17-25. Privileged communication -- Interpreter.

     Whenever a sign language interpreter or an official interpreter employed or contracted by

the state office of court interpreters acting in their official capacity is used to facilitate a

communication which is privileged pursuant to either statutory law or common law between

parties, one or more of whom is hearing impaired, the sign language interpreter or an official

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

capacity shall not be compelled to testify in any forum regarding that communication.

     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 render privileged all communications engaged in by interpreters of the

state office of interpreters, while acting in their official capacity.

     This act would take effect upon passage.

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