Chapter 079

2014 – H 7306

Enacted 06/09/14

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

 

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" 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 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.;

 (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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