THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 669 Session of 2003

                                                       PRINTER'S NO. 759

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 669 Session of 2003

        INTRODUCED BY COSTA, MELLOW, LOGAN, SCHWARTZ, KUKOVICH,
           HELFRICK, MUSTO, TARTAGLIONE, HUGHES, KITCHEN, STOUT, ORIE,
           WOZNIAK AND C. WILLIAMS, APRIL 24, 2003

        REFERRED TO JUDICIARY, APRIL 24, 2003

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for court
     3     interpreters.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a chapter to read:
     8                             CHAPTER 44
     9                         COURT INTERPRETERS
    10  Sec.
    11  4401.  Legislative findings and declaration.
    12  4402.  Definitions.
    13  4403.  Interpreters in courts.
    14  4404.  Maintenance of list of interpreters.
    15  4405.  Utilization and appointment of interpreters.
    16  4406.  Special interpretation services.
    17  4407.  Funding.
    18  4408.  Sign language interpreters.

     1  § .  Legislative findings and declaration.
     2     It is hereby declared to be the policy of this Commonwealth
     3  to secure the rights, constitutional and otherwise, of persons,
     4  who because of a non-English-speaking cultural background, are
     5  unable to understand or communicate adequately in the English
     6  language when they appear in courts or are involved in judicial
     7  proceedings. It is the intent of this chapter to provide for the
     8  certification, appointment and use of interpreters to secure the
     9  Federal and State constitutional rights of non-English speaking
    10  persons in all judicial proceedings.
    11  § .  Definitions.
    12     The following words and phrases when used in this chapter
    13  shall have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Certified interpreter."  A person who:
    16         (1)  Is readily able to interpret simultaneously and
    17     consecutively and to sight translate from English to the
    18     language of the non-English speaking person or from the
    19     language of that person into English.
    20         (2)  Is certified according to procedures approved by the
    21     Supreme Court.
    22     "Clerk."  The prothonotary, clerk of courts or other similar
    23  officer of a court of common pleas.
    24     "Commonwealth attorney."  A district attorney or the district
    25  attorney's designee or the Attorney General or the Attorney
    26  General's designee.
    27     "Court Administrator."  The Court Administrator of
    28  Pennsylvania as defined in section 102 (relating to
    29  definitions).
    30     "Interpreter."  The term includes a certified interpreter and
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     1  otherwise qualified interpreter.
     2     "Judicial proceedings instituted by the Commonwealth."
     3  Proceedings, whether criminal or civil, including pretrial and
     4  grand jury proceedings, as well as proceedings upon a petition
     5  for a writ of habeas corpus initiated in the name of the
     6  Commonwealth by a relator, conducted in or pursuant to the
     7  lawful authority and jurisdiction of a Pennsylvania court.
     8     "Non-English-speaking person."  A principal party in interest
     9  or witness participating in a legal proceeding who has limited
    10  ability to speak or understand the English language.
    11     "Otherwise qualified interpreter."  A person who is readily
    12  able to interpret simultaneously and consecutively and to sight
    13  translate from English to the language of the non-English
    14  speaking person or from the language of that person into
    15  English.
    16     "Pennsylvania court."  A court that is created pursuant to
    17  Article V of the Constitution of Pennsylvania.
    18     "Presiding judicial officer."  A judge or justice authorized
    19  to serve as a judicial officer in a Pennsylvania court.
    20     "Principal party in interest."  A person involved in a legal
    21  proceeding who is a named party, will be bound by the decision
    22  or action or is foreclosed from pursuing that person's rights by
    23  the decision or action which may be taken in the judicial
    24  proceeding.
    25     "Witness."  A person who testifies in a judicial proceeding.
    26  § .  Interpreters in courts.
    27     (a)  Establishment of program.--
    28         (1)  The Court Administrator shall establish a program to
    29     facilitate the use of interpreters in judicial proceedings
    30     instituted by the Commonwealth and upon request of any
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     1     litigant in judicial proceedings instituted in a Pennsylvania
     2     court.
     3         (2)  Only in a case in which no certified interpreter is
     4     reasonably available, including a case in which certified
     5     interpreters are not provided under this section in a
     6     particular language, may the services of otherwise qualified
     7     interpreters be used.
     8     (b)  Duties of Court Administrator.--
     9         (1)  The Court Administrator shall prescribe, determine
    10     and certify the qualifications of persons who may serve as
    11     certified interpreters when the Court Administrator considers
    12     certified interpreters to be merited for the hearing
    13     impaired, whether or not also speech impaired, and persons
    14     who speak only or primarily a language other than the English
    15     language in judicial proceedings.
    16         (2)  The Court Administrator may designate certified
    17     interpreters for any language if the Court Administrator
    18     determines that there is a need for certified interpreters in
    19     that language. Upon the request of the president judge for
    20     any judicial district for certified interpreters in a
    21     language, the Court Administrator shall designate certified
    22     interpreters in the language requested. Upon such a request
    23     and the approval of the Supreme Court, the Court
    24     Administrator shall designate certified interpreters for that
    25     judicial district in the language requested. The president
    26     judge of each judicial district shall identity and evaluate
    27     the needs of the courts within the judicial district.
    28         (3)  The Court Administrator shall designate certified
    29     interpreters based on the results of criterion-referenced
    30     performance examinations. The Court Administrator shall cause
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     1     to be published rules or regulations, as determined by the
     2     Court Administrator, to carry out this paragraph after the
     3     date of the enactment of this chapter.
     4         (4)  The Court Administrator shall provide guidelines to
     5     the courts for the selection of otherwise qualified
     6     interpreters in order to ensure that the highest standards of
     7     accuracy are maintained in all judicial proceedings subject
     8     to the provisions of this chapter.
     9         (5)  The Court Administrator shall maintain a current
    10     master list of all certified interpreters and otherwise
    11     qualified interpreters and shall report periodically on the
    12     use and performance of both certified and otherwise qualified
    13     interpreters in judicial proceedings and on the languages for
    14     which interpreters have been certified.
    15         (6)  The Court Administrator shall prescribe, subject to
    16     periodic review, a schedule of reasonable fees for services
    17     rendered by interpreters used in proceedings instituted by
    18     the Commonwealth and in doing so shall consider the
    19     prevailing rate of compensation for comparable service in
    20     other governmental entities.
    21  § .  Maintenance of list of interpreters.
    22     (a)  General rule.--Each judicial district shall maintain on
    23  file in the office of the clerk of courts and each district
    24  attorney and the Attorney General shall maintain on file a list
    25  of all certified interpreters. The clerk shall make the list of
    26  certified interpreters for judicial proceedings available upon
    27  request. Additionally, the Court Administrator shall maintain
    28  such a list, organized by county, on the World Wide Web site of
    29  the Administrative Office of the Pennsylvania Courts.
    30     (b)  Securing of interpreter services.--The clerk or other
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     1  court employee designated by the president judge of a judicial
     2  district shall secure the services of interpreters required for
     3  proceedings initiated by the Commonwealth, except that the
     4  Commonwealth attorney shall secure the services of such
     5  interpreters for governmental witnesses.
     6  § .  Utilization and appointment of interpreters.
     7     (a)  Decision to secure interpreter services.--The presiding
     8  judicial officer, with the assistance of the Court
     9  Administrator, shall utilize the services of the most available
    10  certified interpreter or when no certified interpreter is
    11  reasonably available, as determined by the presiding judicial
    12  officer, the services of an otherwise qualified interpreter in
    13  judicial proceedings instituted by the Commonwealth if the
    14  presiding judicial officer determines on such officer's own
    15  motion or on the motion of a party that such party, including a
    16  defendant in a criminal case, or a witness who may present
    17  testimony in such judicial proceedings:
    18         (1)  speaks only or primarily a language other than the
    19     English language; or
    20         (2)  suffers from a hearing impairment, whether or not
    21     suffering also from a speech impairment, so as to inhibit
    22     that party's comprehension of the proceedings or
    23     communication with counsel or the presiding judicial officer
    24     or so as to inhibit that witness's comprehension of questions
    25     and the presentation of such testimony.
    26     (b)  Electronic sound recording.--Upon the motion of any
    27  party, the presiding judicial officer shall determine whether to
    28  require the electronic sound recording of a judicial proceeding
    29  in which an interpreter is used under this section. In making
    30  this determination, the presiding judicial officer may consider
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     1  among other things:
     2         (1)  The qualifications of the interpreter and prior
     3     experience in interpretation of court proceedings.
     4         (2)  Whether the language to be interpreted is not one of
     5     the languages for which the Court Administrator has certified
     6     interpreters.
     7         (3)  The complexity or length of the proceeding.
     8  In a grand jury proceeding, upon the motion of the accused, the
     9  presiding judicial officer shall require the electronic sound
    10  recording of the portion of the proceeding in which an
    11  interpreter is used.
    12     (c)  Simultaneous form of interpretation.--
    13         (1)  The interpretation provided by interpreters pursuant
    14     to this section shall be in the simultaneous mode for any
    15     party to a judicial proceeding instituted by the Commonwealth
    16     and in the consecutive mode for witnesses, except that the
    17     presiding judicial officer, sua sponte or on the motion of a
    18     party, may authorize a simultaneous or consecutive
    19     interpretation when such officer determines after a hearing
    20     on the record that such interpretation will aid in the
    21     efficient administration of justice.
    22         (2)  The presiding judicial officer on that officer's
    23     motion or on the motion of a party may order that special
    24     interpretation services as authorized in section 4406
    25     (relating to special interpretation services) be provided if
    26     that officer determines that the provision of those services
    27     will aid in the efficient administration of justice.
    28     (d)  Replacement of interpreter.--
    29         (1)  If an interpreter is unable to communicate
    30     effectively with a presiding judicial officer, the
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     1     Commonwealth attorney, a principal party in interest,
     2     including a defendant in a criminal case, or a witness, the
     3     presiding judicial officer shall dismiss the interpreter and
     4     obtain the services of another interpreter in accordance with
     5     this section.
     6         (2)  In a judicial proceeding instituted by the
     7     Commonwealth, if the presiding judicial officer does not
     8     appoint an interpreter, an individual requiring the services
     9     of an interpreter may seek assistance of the clerk of court
    10     or the Court Administrator in obtaining the assistance of a
    11     certified interpreter.
    12     (e)  Waiver.--The requirement for use of an interpreter may
    13  be waived as follows:
    14         (1)  A principal party in interest other than a witness
    15     who is entitled to interpretation under this chapter may
    16     waive the interpretation in whole or in part. Such a waiver
    17     shall be effective only if approved by the presiding judicial
    18     officer and made expressly by the principal party on the
    19     record after opportunity to consult with counsel and after
    20     the presiding judicial officer has explained to the principal
    21     party utilizing the services of the most available certified
    22     interpreter or when no certified interpreter is reasonably
    23     available, as determined by the presiding judicial officer,
    24     the services of an otherwise competent interpreter, the
    25     nature and effect of the waiver.
    26         (2)  An individual who waives under paragraph (1) the
    27     right to a certified interpreter may utilize the services of
    28     an otherwise qualified interpreter of that individual's
    29     choice whose fees, expenses and costs shall be paid in the
    30     manner provided for the payment of such fees, expenses and
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     1     costs of an interpreter as provided by the Court
     2     Administrator.
     3  § .  Special interpretation services.
     4     (a)  General rule.--The Court Administrator may establish a
     5  program for the provision of special interpretation services in
     6  criminal actions and in civil actions initiated by the
     7  Commonwealth, including petitions for writs of habeas corpus
     8  initiated in the name of the Commonwealth by relators, in a
     9  court of this Commonwealth. The program shall provide a capacity
    10  for simultaneous interpretation services in multidefendant
    11  criminal actions and multidefendant civil actions.
    12     (b)  Reimbursement for services.--Upon the request of a
    13  person in an action for which special interpretation services
    14  established pursuant to subsection (a) are not otherwise
    15  provided, the Court Administrator with the approval of the
    16  presiding judicial officer may make such services available to
    17  the person requesting the services on a reimbursable basis at
    18  rates established, but the Court Administrator may require the
    19  prepayment of the estimated expenses of providing the services
    20  by the person requesting them.
    21     (c)  Source of funding.--
    22         (1)  Except as otherwise provided in this subsection, the
    23     expenses incident to providing services under subsection (a)
    24     shall be paid by the Court Administrator from sums
    25     appropriated. A presiding judicial officer in that officer's
    26     discretion may order that all or part of the expenses shall
    27     be apportioned between or among the parties or shall be taxed
    28     as costs in a civil action, and any moneys collected as a
    29     result of such order may be used to reimburse the
    30     appropriations obligated and disbursed in payment for those
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     1     services.
     2         (2)  Appropriations available to the Court Administrator
     3     shall be expended to provide services in accordance with
     4     subsection (b), and moneys collected by the Court
     5     Administrator under subsection (b) may be used to reimburse
     6     the appropriations charged for those services. A presiding
     7     judicial officer in that officer's discretion may order that
     8     all or part of the expenses shall be apportioned between or
     9     among the parties or shall be taxed as costs in the action.
    10  § .  Funding.
    11     (a)  General rule.--The General Assembly shall appropriate to
    12  the Court Administrator such sums as may be necessary to
    13  establish a program to facilitate the use of interpreters and
    14  otherwise fulfill the provisions of this chapter except as
    15  provided in subsection (c). Implementation of the provisions of
    16  this section is contingent upon the availability of appropriated
    17  funds to carry out the purposes of this section.
    18     (b)  Expenses of government witnesses.--Such salaries, fees,
    19  expenses and costs that are incurred with respect to government
    20  witnesses, including for grand jury proceedings, shall, unless
    21  direction is made under subsection (c), be paid by the
    22  Commonwealth attorney from sums appropriated to the appropriate
    23  office.
    24     (c)  Interpretation services upon request.--Upon the request
    25  of a person in an action for which interpretation services are
    26  not otherwise provided, the clerk of the court or other court
    27  employee designated by the president judge, upon the request of
    28  the presiding judicial officer, shall, where possible, make
    29  those services available to that person on a cost-reimbursable
    30  basis, but the judicial officer may also require the prepayment
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     1  of the estimated expenses of providing such services.
     2     (d)  Examination fees.--
     3         (1)  If the Court Administrator finds it necessary to
     4     develop and administer criterion-referenced performance
     5     examinations for purposes of certification or other
     6     examinations for the selection of otherwise qualified
     7     interpreters, the Court Administrator may prescribe for each
     8     examination a uniform fee for applicants to take the
     9     examination.
    10         (2)  In determining the rate of the fee for each
    11     examination, the Court Administrator shall consider the fees
    12     charged by other organizations for examinations that are
    13     similar in scope or nature. The Court Administrator may
    14     provide in any contract or agreement for the development or
    15     administration of examinations and the collection of fees
    16     that the contractor may retain all or a portion of the fees
    17     in payment for the services.
    18         (3)  Any moneys collected under this subsection may be
    19     used to reimburse the appropriations expended for such
    20     services.
    21     (e)  Approval of compensation and expenses.--The presiding
    22  judicial officer shall approve the compensation and expenses
    23  payable to interpreters pursuant to a schedule of fees
    24  prescribed by the Court Administrator.
    25  § .  Sign language interpreters.
    26     (a)  General rule.--Notwithstanding any other provision of
    27  this chapter, the presiding judicial officer may appoint a
    28  certified interpreter or otherwise qualified interpreter for
    29  sign language to provide services to a party, witness or other
    30  participant in a judicial proceeding, whether or not the
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     1  proceeding is instituted by the Commonwealth, if the presiding
     2  judicial officer determines, on that officer's own motion or on
     3  the motion of a principal party in interest, that the individual
     4  suffers from a hearing impairment.
     5     (b)  Approval of compensation and expenses.--The presiding
     6  judicial officer shall, subject to the availability of
     7  appropriated funds, approve the compensation and expenses
     8  payable to sign language interpreters appointed under this
     9  section in accordance with a schedule of fees prescribed by the
    10  Court Administrator.
    11     Section 2.  This act shall take effect in 60 days.













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