SB669 / HB2181 As Amended

May 12, 2004 per HB2181 Printer's No. 3870

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Open Table of Contents Below as Separate Document

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AN ACT

 

 

AMENDING TITLES 2 (ADMINISTRATIVE LAW AND PROCEDURE) AND 42

(JUDICIARY AND JUDICIAL PROCEDURE) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, PROVIDING FOR COURT AND ADMINISTRATIVE

PROCEEDING INTERPRETERS; AND REPEALING RELATED PROVISIONS.

 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

 

SECTION 1. SECTION 101 OF TITLE 2 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

 

§ 101. DEFINITIONS.

 

SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT

PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC

PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN

USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY

INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:

 

"ADJUDICATION." ANY FINAL ORDER, DECREE, DECISION,

DETERMINATION OR RULING BY AN AGENCY AFFECTING PERSONAL OR

PROPERTY RIGHTS, PRIVILEGES, IMMUNITIES, DUTIES, LIABILITIES OR

OBLIGATIONS OF ANY OR ALL OF THE PARTIES TO THE PROCEEDING IN

WHICH THE ADJUDICATION IS MADE. THE TERM DOES NOT INCLUDE ANY

ORDER BASED UPON A PROCEEDING BEFORE A COURT OR WHICH INVOLVES

THE SEIZURE OR FORFEITURE OF PROPERTY, PAROLES, PARDONS OR

RELEASES FROM MENTAL INSTITUTIONS.

 

"ADMINISTRATIVE LAW JUDGE." AN INDIVIDUAL APPOINTED BY AN

AGENCY TO PRESIDE AT AN ADMINISTRATIVE PROCEEDING.

 

"ADMINISTRATIVE PROCEEDING." ANY PROCEEDING OTHER THAN A

JUDICIAL PROCEEDING, THE OUTCOME OF WHICH IS REQUIRED TO BE

BASED ON A RECORD OR DOCUMENTATION PRESCRIBED BY LAW OR IN WHICH

LAW OR REGULATION IS PARTICULARIZED IN APPLICATION TO

INDIVIDUALS. THE TERM INCLUDES AN APPEAL.

 

"AGENCY." A GOVERNMENT AGENCY.

 

"APPEAL." INCLUDES PROCEEDINGS ON PETITION FOR REVIEW.

 

"CERTIFIED INTERPRETER." A PERSON WHO:

 

(1) IS READILY ABLE TO INTERPRET; AND

 

(2) IS CERTIFIED BY THE DEPARTMENT OF LABOR AND INDUSTRY

IN ACCORDANCE WITH SUBCHAPTER C (RELATING TO ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS) OR

D (RELATING TO ADMINISTRATIVE PROCEEDING INTERPRETERS FOR

PERSONS WHO ARE DEAF) OF CHAPTER 5.

 

"COMMONWEALTH AGENCY." ANY EXECUTIVE AGENCY OR INDEPENDENT

AGENCY.

 

"COMMONWEALTH GOVERNMENT." THE GOVERNMENT OF THE

COMMONWEALTH, INCLUDING THE COURTS AND OTHER OFFICERS OR

AGENCIES OF THE UNIFIED JUDICIAL SYSTEM, THE GENERAL ASSEMBLY,

AND ITS OFFICERS AND AGENCIES, THE GOVERNOR, AND THE

DEPARTMENTS, BOARDS, COMMISSIONS, AUTHORITIES AND OFFICERS AND

AGENCIES OF THE COMMONWEALTH, BUT THE TERM DOES NOT INCLUDE ANY

POLITICAL SUBDIVISION, MUNICIPAL OR OTHER LOCAL AUTHORITY, OR

ANY OFFICER OR AGENCY OF ANY SUCH POLITICAL SUBDIVISION OR LOCAL

AUTHORITY.

 

"COURT ADMINISTRATOR OF PENNSYLVANIA." THE COURT

ADMINISTRATOR APPOINTED BY THE SUPREME COURT UNDER SECTION 10(B)

OF ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA AND 42 PA.C.S.

§ 1901 (RELATING TO COURT ADMINISTRATOR OF PENNSYLVANIA).

 

"DEAF." AN IMPAIRMENT OF HEARING OR SPEECH WHICH CREATES AN

INABILITY TO UNDERSTAND OR COMMUNICATE THE SPOKEN ENGLISH

LANGUAGE.

 

"DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE

COMMONWEALTH.

 

"EXECUTIVE AGENCY." THE GOVERNOR AND THE DEPARTMENTS,

BOARDS, COMMISSIONS, AUTHORITIES AND OTHER OFFICERS AND AGENCIES

OF THE COMMONWEALTH GOVERNMENT, BUT THE TERM DOES NOT INCLUDE

ANY COURT OR OTHER OFFICER OR AGENCY OF THE UNIFIED JUDICIAL

SYSTEM, THE GENERAL ASSEMBLY AND ITS OFFICERS AND AGENCIES, OR

ANY INDEPENDENT AGENCY.

 

"GENERAL RULE." AS DEFINED IN 42 PA.C.S. § 102 (RELATING TO

DEFINITIONS).

 

"GOVERNMENT AGENCY." ANY COMMONWEALTH AGENCY OR ANY

POLITICAL SUBDIVISION OR MUNICIPAL OR OTHER LOCAL AUTHORITY, OR

ANY OFFICER OR AGENCY OF ANY SUCH POLITICAL SUBDIVISION OR LOCAL

AUTHORITY.

 

"GOVERNMENT UNIT." THE GENERAL ASSEMBLY AND ITS OFFICERS AND

AGENCIES, ANY GOVERNMENT AGENCY OR ANY COURT OR OTHER OFFICER OR

AGENCY OF THE UNIFIED JUDICIAL SYSTEM.

 

"INDEPENDENT AGENCY." BOARDS, COMMISSIONS, AUTHORITIES AND

OTHER AGENCIES AND OFFICERS OF THE COMMONWEALTH GOVERNMENT WHICH

ARE NOT SUBJECT TO THE POLICY SUPERVISION AND CONTROL OF THE

GOVERNOR, BUT THE TERM DOES NOT INCLUDE ANY COURT OR OTHER

OFFICER OR AGENCY OF THE UNIFIED JUDICIAL SYSTEM OR THE GENERAL

ASSEMBLY AND ITS OFFICERS AND AGENCIES.

 

"INTERPRET." EITHER ONE OF THE FOLLOWING:

 

(1) FOR PURPOSES OF SUBCHAPTER C OF CHAPTER 5 (RELATING

TO ADMINISTRATIVE PROCEEDING INTERPRETERS FOR NON-ENGLISH-

SPEAKING PERSONS), TO CONVEY SPOKEN AND WRITTEN ENGLISH INTO

THE LANGUAGE OF THE NON-ENGLISH-SPEAKING PERSON AND TO CONVEY

ORAL AND WRITTEN STATEMENTS BY THE NON-ENGLISH-SPEAKING

PERSON INTO ENGLISH.

 

(2) FOR PURPOSES OF SUBCHAPTER D OF CHAPTER 5 (RELATING

TO ADMINISTRATIVE PROCEEDING INTERPRETERS FOR PERSONS WHO ARE

DEAF), TO CONVEY SPOKEN ENGLISH IN A MANNER UNDERSTOOD BY THE

PERSON WHO IS DEAF AND TO CONVEY STATEMENTS MADE BY THE

PERSON WHO IS DEAF INTO ENGLISH THROUGH, BUT NOT LIMITED TO,

AMERICAN SIGN LANGUAGE AND TRANSLITERATION.

 

"INTERPRETER." INCLUDES BOTH A CERTIFIED INTERPRETER AND AN

OTHERWISE QUALIFIED INTERPRETER.

 

"JUDICIAL PROCEEDING." AN "ACTION," "APPEAL" OR "PROCEEDING"

IN ANY "COURT" OF THIS COMMONWEALTH AS THOSE TERMS ARE DEFINED

IN 42 PA.C.S. § 102 (RELATING TO DEFINITIONS).

 

"LIMITED ABILITY TO SPEAK OR UNDERSTAND ENGLISH." THE

ABILITY TO SPEAK EXCLUSIVELY OR PRIMARILY A LANGUAGE OTHER THAN

ENGLISH AND THE INABILITY TO SUFFICIENTLY SPEAK OR UNDERSTAND

ENGLISH.

 

"LOCAL AGENCY." A GOVERNMENT AGENCY OTHER THAN A

COMMONWEALTH AGENCY.

 

"MATTER." ACTION, PROCEEDING OR APPEAL.

 

"NON-ENGLISH SPEAKING PERSON." A PRINCIPAL PARTY IN INTEREST

OR A WITNESS WHO HAS LIMITED ABILITY TO SPEAK OR UNDERSTAND

ENGLISH.

 

"OTHERWISE QUALIFIED INTERPRETER." A PERSON WHO:

 

(1) FOR PURPOSES OF SUBCHAPTER C OF CHAPTER 5 (RELATING

TO ADMINISTRATIVE PROCEEDING INTERPRETERS FOR NON-ENGLISH-

SPEAKING PERSONS):

 

(I) IS READILY ABLE TO INTERPRET; AND

 

(II) HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY

THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS

AS ESTABLISHED BY THE DEPARTMENT OF LABOR AND INDUSTRY

IN ACCORDANCE WITH SUBCHAPTER C OF CHAPTER 5.

 

(2) FOR PURPOSES OF SUBCHAPTER D OF CHAPTER 5 (RELATING

TO ADMINISTRATIVE PROCEEDING INTERPRETERS FOR PERSONS WHO ARE

DEAF):

 

(I) IS READILY ABLE TO INTERPRET;

 

(II) IS CERTIFIED BY THE REGISTRY OF INTERPRETERS

FOR THE DEAF OR SIMILAR REGISTRY; AND

 

(III) HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY

THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR PERSONS WHO ARE DEAF AS

ESTABLISHED BY THE DEPARTMENT OF LABOR AND INDUSTRY IN

ACCORDANCE WITH SUBCHAPTER D OF CHAPTER 5.

 

"PARTY." ANY PERSON WHO APPEARS IN A PROCEEDING BEFORE AN

AGENCY WHO HAS A DIRECT INTEREST IN THE SUBJECT MATTER OF SUCH

PROCEEDING.

 

"PERSON." INCLUDES A GOVERNMENT UNIT OR AN AGENCY OF THE

FEDERAL GOVERNMENT.

 

"PERSON WHO IS DEAF." A PARTY OR WITNESS WHO IS DEAF.

 

"TRANSLITERATION." TO CONVEY SPOKEN OR WRITTEN ENGLISH IN AN

ENGLISH-BASED SIGN SYSTEM AND THE PROCESS OF CONVEYING AN

ENGLISH-BASED SIGN SYSTEM IN SPOKEN OR WRITTEN ENGLISH.

 

"WITNESS." A PERSON WHO TESTIFIES IN A PROCEEDING BEFORE AN

AGENCY.

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SECTION 2. SECTION 505.1 OF TITLE 2 IS REPEALED.

 

SECTION 3. CHAPTER 5 OF TITLE 2 IS AMENDED BY ADDING

SUBCHAPTERS TO READ:

 

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SUBCHAPTER C

ADMINISTRATIVE PROCEEDING INTERPRETERS

FOR NON-ENGLISH-SPEAKING PERSONS

 

SEC.

561. SCOPE OF SUBCHAPTER.

562. DUTIES OF DEPARTMENT.

563. APPOINTMENT OF INTERPRETER.

564. REPLACEMENT OF INTERPRETER.

565. OATH.

566. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.

567. COST OF PROVIDING INTERPRETER.

568. FUNDING.

 

§ 561. SCOPE OF SUBCHAPTER.

 

(A) COMMONWEALTH AGENCIES.--EXCEPT AS PROVIDED IN SUBSECTION

(B), THIS SUBCHAPTER APPLIES TO ALL COMMONWEALTH AGENCIES.

 

(B) EXCEPTION.--THIS SUBCHAPTER DOES NOT APPLY TO:

 

(1) PROCEEDINGS BEFORE THE DEPARTMENT OF REVENUE, THE

DEPARTMENT OF THE AUDITOR GENERAL OR THE BOARD OF FINANCE AND

REVENUE INVOLVING THE ORIGINAL SETTLEMENT, ASSESSMENT OR

DETERMINATION OR RESETTLEMENT, REASSESSMENT OR

REDETERMINATION, REVIEW OR REFUND OF TAXES, INTEREST OR

PAYMENTS MADE INTO THE STATE TREASURY.

 

(2) PROCEEDINGS BEFORE THE SECRETARY OF THE COMMONWEALTH

UNDER THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS

THE PENNSYLVANIA ELECTION CODE.

 

(3) PROCEEDINGS BEFORE THE DEPARTMENT OF TRANSPORTATION

INVOLVING MATTERS REVIEWABLE UNDER 42 PA.C.S. § 933 (RELATING

TO APPEALS FROM GOVERNMENT AGENCIES).

 

(4) PROCEEDINGS BEFORE THE STATE SYSTEM OF HIGHER

EDUCATION INVOLVING STUDENT DISCIPLINE.

 

(C) LOCAL AGENCIES.--THIS SUBCHAPTER APPLIES TO ALL LOCAL

AGENCIES.

 

§ 562. DUTIES OF DEPARTMENT.

 

(A) INTERPRETER PROGRAM.--THE DEPARTMENT SHALL ESTABLISH A

PROGRAM TO APPOINT AND USE CERTIFIED INTERPRETERS IN

ADMINISTRATIVE PROCEEDINGS. TO CERTIFY INTERPRETERS, THE

DEPARTMENT SHALL EITHER:

 

(1) ESTABLISH A PROGRAM WHICH SHALL INCLUDE:

 

(I) ESTABLISHING AND ADMINISTERING A COMPREHENSIVE

TESTING AND CERTIFICATION PROGRAM FOR INTERPRETERS;

 

(II) ESTABLISHING AND ADOPTING STANDARDS OF

PROFICIENCY, WRITTEN AND ORAL, IN ENGLISH AND THE

LANGUAGE TO BE INTERPRETED, INCLUDING, BUT NOT LIMITED

TO, CERTIFICATION BY THE COURT ADMINISTRATOR OF

PENNSYLVANIA AS PROVIDED IN 42 PA.C.S. CH. 44 (RELATING

TO COURT INTERPRETERS);

 

(III) CONDUCTING PERIODIC EXAMINATIONS TO ENSURE THE

AVAILABILITY OF CERTIFIED INTERPRETERS;

 

(IV) PRESCRIBING, DETERMINING AND CERTIFYING THE

QUALIFICATIONS OF PERSONS WHO MAY SERVE AS CERTIFIED

INTERPRETERS; AND

 

(V) CHARGING REASONABLE FEES, AS DEEMED NECESSARY,

FOR TESTING AND CERTIFICATION; OR

 

(2) ESTABLISH AND SUPPORT A CERTIFICATION PROGRAM BY ANY

MEANS DEEMED APPROPRIATE BY THE DEPARTMENT.

 

(B) LIST OF CERTIFIED INTERPRETERS.--THE DEPARTMENT SHALL

COMPILE, MAINTAIN AND DISSEMINATE A CURRENT LIST OF INTERPRETERS

CERTIFIED BY THE DEPARTMENT TO THE AGENCIES THROUGH ANY MEANS

DEEMED APPROPRIATE BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED

TO, A WRITTEN DIRECTORY AND PUBLICATION ON THE OFFICIAL WORLD

WIDE WEB SITE OF THE DEPARTMENT.

 

(C) GUIDELINES FOR SELECTION OF OTHERWISE QUALIFIED

INTERPRETERS.--THE DEPARTMENT SHALL PROVIDE GUIDELINES TO THE

AGENCIES FOR THE SELECTION AND USE OF OTHERWISE QUALIFIED

INTERPRETERS IN ORDER TO ENSURE THAT THE HIGHEST STANDARDS OF

ACCURACY ARE MAINTAINED IN ALL ADMINISTRATIVE PROCEEDINGS

SUBJECT TO THIS SUBCHAPTER.

 

(D) FEE SCHEDULE.--THE DEPARTMENT SHALL PRESCRIBE, SUBJECT

TO PERIODIC REVIEW, A SCHEDULE OF REASONABLE FEES FOR SERVICES

RENDERED BY CERTIFIED INTERPRETERS AND OTHERWISE QUALIFIED

INTERPRETERS.

 

(E) STANDARDS OF PROFESSIONAL CONDUCT.—

 

(1) THE DEPARTMENT SHALL ESTABLISH AND ADOPT STANDARDS

FOR A CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS.

 

(2) THE DEPARTMENT SHALL ESTABLISH, ADMINISTER OR

RECOMMEND A PROCESS TO REVIEW AND RESPOND TO ALLEGATIONS OF

VIOLATIONS OF THE CODE OF PROFESSIONAL CONDUCT FOR

ADMINISTRATIVE PROCEEDING INTERPRETERS FOR NON-ENGLISH-

SPEAKING PERSONS, INCLUDING, BUT NOT LIMITED TO,

DECERTIFICATION AND OTHER DISCIPLINARY MEASURES.

 

§ 563. APPOINTMENT OF INTERPRETER.

 

(A) APPOINTMENT OF CERTIFIED INTERPRETER.--UPON REQUEST, AN

ADMINISTRATIVE LAW JUDGE SHALL APPOINT A CERTIFIED INTERPRETER,

UNLESS A CERTIFIED INTERPRETER IS UNAVAILABLE AS PROVIDED IN

SUBSECTION (B).

 

(B) APPOINTMENT OF OTHERWISE QUALIFIED INTERPRETER WHEN

CERTIFIED INTERPRETER IS UNAVAILABLE.--

 

(1) AN OTHERWISE QUALIFIED INTERPRETER SHALL BE

APPOINTED BY THE ADMINISTRATIVE LAW JUDGE IF A GOOD FAITH

EFFORT WAS MADE TO OBTAIN A CERTIFIED INTERPRETER AND A

CERTIFIED INTERPRETER WAS NOT REASONABLY AVAILABLE, AS

DETERMINED BY THE ADMINISTRATIVE LAW JUDGE.

 

(2) PRIOR TO THE APPOINTMENT OF AN OTHERWISE QUALIFIED

INTERPRETER, THE ADMINISTRATIVE LAW JUDGE SHALL STATE ON THE

RECORD THAT THE OTHERWISE QUALIFIED INTERPRETER:

 

(I) IS READILY ABLE TO INTERPRET; AND

 

(II) HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY

THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS,

AS ESTABLISHED BY THE DEPARTMENT.

 

(C) ADDITIONAL INTERPRETERS.--AFTER CONSIDERATION OF THE

LENGTH OF THE ADMINISTRATIVE PROCEEDING AND THE NUMBER OF NON-

ENGLISH-SPEAKING PERSONS INVOLVED, AN ADMINISTRATIVE LAW JUDGE

MAY APPOINT, AS PROVIDED IN SUBSECTIONS (A) AND (B), AN

ADDITIONAL INTERPRETER OR PROVIDE FOR ADDITIONAL INTERPRETATION

IN A MANNER DEEMED APPROPRIATE BY THE ADMINISTRATIVE LAW JUDGE.

 

§ 564. REPLACEMENT OF INTERPRETER.

 

AN ADMINISTRATIVE LAW JUDGE SHALL DISMISS THE INTERPRETER AND

OBTAIN THE SERVICES OF ANOTHER INTERPRETER IN ACCORDANCE WITH

THIS SUBCHAPTER, IF THE INTERPRETER:

 

(1) FAILS TO FOLLOW THE STANDARDS PRESCRIBED BY LAW OR

BY THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS.

 

(2) IS UNABLE TO EFFECTIVELY COMMUNICATE WITH THE

ADMINISTRATIVE LAW JUDGE OR THE NON-ENGLISH-SPEAKING PERSON,

INCLUDING WHERE THE INTERPRETER SELF-REPORTS SUCH INABILITY.

 

§ 565. OATH.

 

BEFORE THE COMMENCEMENT OF INTERPRETER DUTIES, AN INTERPRETER

APPOINTED UNDER THIS SUBCHAPTER SHALL TAKE AN OATH OR MAKE AN

AFFIRMATION ON THE RECORD THAT THE INTERPRETER WILL MAKE A TRUE

INTERPRETATION TO THE NON-ENGLISH-SPEAKING PERSON IN THE

LANGUAGE WHICH THE NON-ENGLISH SPEAKING PERSON UNDERSTANDS AND

THAT THE INTERPRETER WILL REPEAT THE STATEMENTS OF THE NON-

ENGLISH-SPEAKING PERSON TO THE COURT IN ENGLISH TO THE BEST OF

THE INTERPRETER'S SKILL AND JUDGMENT AND IN ACCORDANCE WITH THE

CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE PROCEEDING

INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS.

 

§ 566. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.

 

AN INTERPRETER APPOINTED UNDER THIS SUBCHAPTER MAY NOT BE

COMPELLED TO TESTIFY, IN ANY JUDICIAL PROCEEDING OR

ADMINISTRATIVE PROCEEDING, TO STATEMENTS MADE BY THE NON-

ENGLISH-SPEAKING PERSON AND INTERPRETED BY THE INTERPRETER WHEN

THE NON-ENGLISH-SPEAKING PERSON IS ENGAGED IN A CONFIDENTIAL

COMMUNICATION AS PROVIDED BY ANY STATUTE OR GENERAL RULE,

INCLUDING, BUT NOT LIMITED TO:

 

(1) 42 PA.C.S. § 5916 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO ATTORNEY).

 

(2) 42 PA.C.S. § 5928 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO ATTORNEY).

 

(3) 42 PA.C.S. § 5942 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO NEWS REPORTERS).

 

(4) 42 PA.C.S. § 5943 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO CLERGYMEN).

 

(5) 42 PA.C.S. § 5944 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS).

 

(6) 42 PA.C.S. § 5945 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO SCHOOL PERSONNEL).

 

(7) 42 PA.C.S. § 5945.1 (RELATING TO CONFIDENTIAL

COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).

 

(8) 42 PA.C.S. § 5945.2 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO CRIME STOPPER OR SIMILAR ANTICRIME

PROGRAM).

 

§ 567. COST OF PROVIDING INTERPRETER.

 

AN INTERPRETER APPOINTED IN ACCORDANCE WITH THIS SUBCHAPTER

IS ENTITLED TO A REASONABLE FEE FOR INTERPRETER SERVICES AND

SHALL BE REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES BY THE

AGENCY CONDUCTING THE ADMINISTRATIVE PROCEEDING.

 

§ 568. FUNDING.

 

EXCEPT AS PROVIDED IN SECTION 567 (RELATING TO COST OF

PROVIDING INTERPRETER), THE GENERAL ASSEMBLY SHALL APPROPRIATE

TO THE DEPARTMENT SUCH SUMS AS MAY BE NECESSARY TO ESTABLISH A

PROGRAM TO FACILITATE THE USE OF INTERPRETERS AND OTHERWISE

FULFILL THE PROVISIONS OF THIS SUBCHAPTER. IMPLEMENTATION OF

THIS SECTION IS CONTINGENT UPON THE AVAILABILITY OF APPROPRIATED

FUNDS TO CARRY OUT THE PURPOSES OF THIS SECTION.

 

SUBCHAPTER D

ADMINISTRATIVE PROCEEDING INTERPRETERS

FOR PERSONS WHO ARE DEAF

SEC.

581. SCOPE OF SUBCHAPTER.

582. DUTIES OF DEPARTMENT.

583. APPOINTMENT OF INTERPRETER.

584. REPLACEMENT OF INTERPRETER.

585. OATH.

586. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.

587. COST OF PROVIDING INTERPRETER.

588. FUNDING.

 

§ 581. SCOPE OF SUBCHAPTER.

 

(A) COMMONWEALTH AGENCIES.--EXCEPT AS PROVIDED IN SUBSECTION

(B), THIS SUBCHAPTER APPLIES TO ALL COMMONWEALTH AGENCIES.

 

(B) EXCEPTION.--THIS SUBCHAPTER DOES NOT APPLY TO:

 

(1) PROCEEDINGS BEFORE THE DEPARTMENT OF REVENUE, THE

DEPARTMENT OF THE AUDITOR GENERAL OR THE BOARD OF FINANCE AND

REVENUE, INVOLVING THE ORIGINAL SETTLEMENT, ASSESSMENT OR

DETERMINATION OR RESETTLEMENT, REASSESSMENT OR

REDETERMINATION, REVIEW OR REFUND OF TAXES, INTEREST OR

PAYMENTS MADE INTO THE STATE TREASURY.

 

(2) PROCEEDINGS BEFORE THE SECRETARY OF THE COMMONWEALTH

UNDER THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS

THE PENNSYLVANIA ELECTION CODE.

 

(3) PROCEEDINGS BEFORE THE DEPARTMENT OF TRANSPORTATION

INVOLVING MATTERS REVIEWABLE UNDER 42 PA.C.S. § 933 (RELATING

TO APPEALS FROM GOVERNMENT AGENCIES).

 

(4) PROCEEDINGS BEFORE THE STATE SYSTEM OF HIGHER

EDUCATION INVOLVING STUDENT DISCIPLINE.

 

(C) LOCAL AGENCIES.--THIS SUBCHAPTER APPLIES TO ALL LOCAL

AGENCIES.

 

§ 582. DUTIES OF DEPARTMENT.

 

(A) INTERPRETER PROGRAM.--THE DEPARTMENT SHALL ESTABLISH A

PROGRAM TO APPOINT AND USE CERTIFIED INTERPRETERS IN

ADMINISTRATIVE PROCEEDINGS. TO CERTIFY INTERPRETERS, THE

DEPARTMENT SHALL EITHER:

 

(1) ESTABLISH A PROGRAM WHICH SHALL INCLUDE:

 

(I) ESTABLISHING AND ADMINISTERING A COMPREHENSIVE

TESTING AND CERTIFICATION PROGRAM FOR INTERPRETERS;

 

(II) ESTABLISHING AND ADOPTING STANDARDS OF

PROFICIENCY, WRITTEN AND ORAL, IN ENGLISH AND THE

LANGUAGE TO BE INTERPRETED, INCLUDING, BUT NOT LIMITED

TO, CERTIFICATION BY THE COURT ADMINISTRATOR OF

PENNSYLVANIA AS PROVIDED IN 42 PA.C.S. CH. 44 (RELATING

TO COURT INTERPRETERS) AND CERTIFICATION BY THE REGISTRY

FOR INTERPRETERS FOR THE DEAF OR SIMILAR REGISTRY;

 

(III) CONDUCTING PERIODIC EXAMINATIONS TO ENSURE THE

AVAILABILITY OF CERTIFIED INTERPRETERS;

 

(IV) PRESCRIBING, DETERMINING AND CERTIFYING THE

QUALIFICATIONS OF PERSONS WHO MAY SERVE AS CERTIFIED

INTERPRETERS; AND

 

(V) CHARGING REASONABLE FEES, AS DEEMED NECESSARY,

FOR TESTING AND CERTIFICATION; OR

 

(2) ESTABLISH AND SUPPORT A CERTIFICATION PROGRAM BY ANY

MEANS DEEMED APPROPRIATE BY THE DEPARTMENT.

 

(B) LIST OF CERTIFIED INTERPRETERS.--THE DEPARTMENT SHALL

COMPILE, MAINTAIN AND DISSEMINATE A CURRENT LIST OF INTERPRETERS

CERTIFIED BY THE DEPARTMENT TO THE AGENCIES THROUGH ANY MEANS

DEEMED APPROPRIATE BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED

TO, A WRITTEN DIRECTORY AND PUBLICATION ON THE OFFICIAL WORLD

WIDE WEB SITE OF THE DEPARTMENT.

 

(C) GUIDELINES FOR SELECTION OF OTHERWISE QUALIFIED

INTERPRETERS.--THE DEPARTMENT SHALL PROVIDE GUIDELINES TO THE

AGENCIES FOR THE SELECTION AND USE OF OTHERWISE QUALIFIED

INTERPRETERS IN ORDER TO ENSURE THAT THE HIGHEST STANDARDS OF

ACCURACY ARE MAINTAINED IN ALL ADMINISTRATIVE PROCEEDINGS

SUBJECT TO THIS SUBCHAPTER.

 

(D) FEE SCHEDULE.--THE DEPARTMENT SHALL PRESCRIBE, SUBJECT

TO PERIODIC REVIEW, A SCHEDULE OF REASONABLE FEES FOR SERVICES

RENDERED BY CERTIFIED INTERPRETERS AND OTHERWISE QUALIFIED

INTERPRETERS.

 

(E) STANDARDS OF PROFESSIONAL CONDUCT.--

ADMINISTRATIVE PROCEEDING INTERPRETERS FOR PERSONS WHO ARE

DEAF, INCLUDING, BUT NOT LIMITED TO, DECERTIFICATION AND

OTHER DISCIPLINARY MEASURES.

 

§ 583. APPOINTMENT OF INTERPRETER.

 

(A) APPOINTMENT OF CERTIFIED INTERPRETER.--UPON REQUEST, AN

ADMINISTRATIVE LAW JUDGE SHALL APPOINT A CERTIFIED INTERPRETER

UNLESS THE CERTIFIED INTERPRETER IS UNAVAILABLE AS PROVIDED IN

SUBSECTION (B).

 

(B) APPOINTMENT OF OTHERWISE QUALIFIED INTERPRETER WHEN

CERTIFIED INTERPRETER IS UNAVAILABLE.--

 

(1) AN OTHERWISE QUALIFIED INTERPRETER SHALL BE

APPOINTED BY AN ADMINISTRATIVE LAW JUDGE IF A GOOD FAITH

EFFORT WAS MADE TO OBTAIN A CERTIFIED INTERPRETER AND A

CERTIFIED INTERPRETER WAS NOT REASONABLY AVAILABLE, AS

DETERMINED BY THE ADMINISTRATIVE LAW JUDGE.

 

(2) PRIOR TO THE APPOINTMENT OF AN OTHERWISE QUALIFIED

INTERPRETER, THE ADMINISTRATIVE LAW JUDGE SHALL STATE ON THE

RECORD THAT TO THE BEST OF THE KNOWLEDGE OF THE

ADMINISTRATIVE LAW JUDGE, THE OTHERWISE QUALIFIED

INTERPRETER:

 

(I) IS READILY ABLE TO INTERPRET;

 

(II) IS CERTIFIED BY THE REGISTRY OF INTERPRETERS

FOR THE DEAF OR SIMILAR REGISTRY, TO THE BEST OF THE

KNOWLEDGE OF THE ADMINISTRATIVE LAW JUDGE; AND

 

(III) HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY

THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR PERSONS WHO ARE DEAF, AS

ESTABLISHED BY THE DEPARTMENT.

 

(C) ADDITIONAL INTERPRETERS.--AFTER CONSIDERATION OF THE

LENGTH OF THE ADMINISTRATIVE PROCEEDING, THE SPECIAL NEEDS OF

THE PERSON WHO IS DEAF, AND THE NUMBER OF PERSONS INVOLVED WHO

ARE DEAF, THE ADMINISTRATIVE LAW JUDGE MAY APPOINT, AS PROVIDED

IN SUBSECTIONS (A) AND (B), AN ADDITIONAL INTERPRETER OR PROVIDE

FOR ADDITIONAL INTERPRETATION IN A MANNER DEEMED APPROPRIATE BY

THE ADMINISTRATIVE LAW JUDGE.

 

§ 584. REPLACEMENT OF INTERPRETER.

 

AN ADMINISTRATIVE LAW JUDGE SHALL DISMISS THE INTERPRETER AND

OBTAIN THE SERVICES OF ANOTHER INTERPRETER IN ACCORDANCE WITH

THIS SUBCHAPTER IF THE INTERPRETER:

 

(1) FAILS TO FOLLOW THE STANDARDS PRESCRIBED BY LAW OR

BY THE CODE OF PROFESSIONAL CONDUCT FOR ADMINISTRATIVE

PROCEEDING INTERPRETERS FOR PERSONS WHO ARE DEAF.

 

(2) IS UNABLE TO EFFECTIVELY COMMUNICATE WITH THE

ADMINISTRATIVE LAW JUDGE OR PERSON WHO IS DEAF, INCLUDING

WHERE THE INTERPRETER SELF-REPORTS SUCH INABILITY.

 

§ 585. OATH.

 

BEFORE THE COMMENCEMENT OF INTERPRETER DUTIES, AN INTERPRETER

APPOINTED UNDER THIS SUBCHAPTER SHALL TAKE AN OATH OR MAKE AN

AFFIRMATION ON THE RECORD THAT THE INTERPRETER WILL MAKE A TRUE

INTERPRETATION TO THE PERSON WHO IS DEAF IN THE MANNER THAT THE

PERSON WHO IS DEAF UNDERSTANDS AND THAT THE INTERPRETER WILL

REPEAT THE STATEMENTS OF THE PERSON WHO IS DEAF TO THE COURT IN

THE SPOKEN ENGLISH LANGUAGE TO THE BEST OF THE INTERPRETER'S

SKILL AND JUDGMENT AND IN ACCORDANCE WITH THE CODE OF

PROFESSIONAL CONDUCT FOR ADMINISTRATIVE PROCEEDING INTERPRETERS

FOR PERSONS WHO ARE DEAF.

 

§ 586. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.

 

AN INTERPRETER APPOINTED UNDER THIS SUBCHAPTER MAY NOT BE

COMPELLED TO TESTIFY, IN ANY JUDICIAL PROCEEDING OR

ADMINISTRATIVE PROCEEDING, TO STATEMENTS MADE BY THE PERSON WHO

IS DEAF AND INTERPRETED BY THE INTERPRETER WHEN THE PERSON WHO

IS DEAF IS ENGAGED IN A CONFIDENTIAL COMMUNICATION AS PROVIDED

BY ANY STATUTE OR GENERAL RULE, INCLUDING, BUT NOT LIMITED TO:

 

(1) 42 PA.C.S. § 5916 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO ATTORNEY).

 

(2) 42 PA.C.S. § 5928 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO ATTORNEY).

 

(3) 42 PA.C.S. § 5942 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO NEWS REPORTERS).

 

(4) 42 PA.C.S. § 5943 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO CLERGYMEN).

 

(5) 42 PA.C.S. § 5944 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS).

 

(6) 42 PA.C.S. § 5945 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO SCHOOL PERSONNEL).

 

(7) 42 PA.C.S. § 5945.1 (RELATING TO CONFIDENTIAL

COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).

 

(8) 42 PA.C.S. § 5945.2 (RELATING TO CONFIDENTIAL

COMMUNICATIONS TO CRIME STOPPER OR SIMILAR ANTICRIME

PROGRAM).

 

§ 587. COST OF PROVIDING INTERPRETER.

 

AN INTERPRETER APPOINTED IN ACCORDANCE WITH THIS SUBCHAPTER

IS ENTITLED TO A REASONABLE FEE FOR INTERPRETER SERVICES AND

SHALL BE REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES BY THE

AGENCY CONDUCTING THE ADMINISTRATIVE PROCEEDING.

 

§ 588. FUNDING.

 

EXCEPT AS PROVIDED IN SECTION 587 (RELATING TO COST OF

PROVIDING INTERPRETER), THE GENERAL ASSEMBLY SHALL APPROPRIATE

TO THE DEPARTMENT SUCH SUMS AS MAY BE NECESSARY TO ESTABLISH A

PROGRAM TO FACILITATE THE USE OF INTERPRETERS AND OTHERWISE

FULFILL THE PROVISIONS OF THIS SUBCHAPTER. IMPLEMENTATION OF

THIS SECTION IS CONTINGENT UPON THE AVAILABILITY OF APPROPRIATED

FUNDS TO CARRY OUT THE PURPOSES OF THIS SECTION.

---

 

 

SECTION 4. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:

 

CHAPTER 44

COURT INTERPRETERS

 

SUBCH.

A. GENERAL PROVISIONS

B. COURT INTERPRETER FOR NON-ENGLISH-SPEAKING PERSONS.

C. COURT INTERPRETERS FOR PERSONS WHO ARE DEAF.

 

SUBCHAPTER A

GENERAL PROVISIONS

SEC.

4401. DEFINITIONS.

 

§ 4401. DEFINITIONS.

 

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

 

"ADMINISTRATIVE PROCEEDING." ANY PROCEEDING OTHER THAN A

JUDICIAL PROCEEDING, THE OUTCOME OF WHICH IS REQUIRED TO BE

BASED ON A RECORD OR DOCUMENTATION PRESCRIBED BY LAW OR IN WHICH

LAW OR REGULATION IS PARTICULARIZED IN APPLICATION TO

INDIVIDUALS. THE TERM INCLUDES AN APPEAL AS DEFINED IN 2 PA.C.S.

§ 101 (RELATING TO DEFINITIONS).

 

"CERTIFIED INTERPRETER." A PERSON WHO:

 

(1) IS READILY ABLE TO INTERPRET; AND

 

(2) IS CERTIFIED BY THE COURT ADMINISTRATOR IN

ACCORDANCE WITH EITHER SUBCHAPTER B (RELATING TO COURT

INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS) OR SUBCHAPTER

C (RELATING TO COURT INTERPRETERS FOR PERSONS WHO ARE DEAF).

 

"COURT ADMINISTRATOR." THE COURT ADMINISTRATOR OF

PENNSYLVANIA.

 

"DEAF." AN IMPAIRMENT OF HEARING OR SPEECH WHICH CREATES AN

INABILITY TO UNDERSTAND OR COMMUNICATE THE SPOKEN ENGLISH

LANGUAGE.

 

"DIRECT VICTIM." A DIRECT VICTIM AS DEFINED IN SECTION 103

OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE

CRIME VICTIMS ACT.

 

"IMMEDIATE FAMILY MEMBER." A SPOUSE, PARENT OR CHILD.

 

"INTERPRET." EITHER ONE OF THE FOLLOWING:

 

(1) FOR PURPOSES OF SUBCHAPTER B (RELATING TO COURT

INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS), TO CONVEY

SPOKEN AND WRITTEN ENGLISH INTO THE LANGUAGE OF THE NON-

ENGLISH-SPEAKING PERSON AND TO CONVEY ORAL AND WRITTEN

STATEMENTS BY THE NON-ENGLISH-SPEAKING PERSON INTO ENGLISH.

 

(2) FOR PURPOSES OF SUBCHAPTER C (RELATING TO COURT

INTERPRETERS FOR PERSONS WHO ARE DEAF), TO CONVEY SPOKEN

ENGLISH IN A MANNER UNDERSTOOD BY THE PERSON WHO IS DEAF AND

TO CONVEY STATEMENTS MADE BY THE PERSON WHO IS DEAF INTO

ENGLISH THROUGH, BUT NOT LIMITED TO, AMERICAN SIGN LANGUAGE

AND TRANSLITERATION.

 

"INTERPRETER." INCLUDES BOTH A CERTIFIED INTERPRETER AND AN

OTHERWISE QUALIFIED INTERPRETER.

 

"JUDICIAL PROCEEDING." AN ACTION, APPEAL OR PROCEEDING IN

ANY COURT OF THIS COMMONWEALTH.

 

"LIMITED ABILITY TO SPEAK OR UNDERSTAND ENGLISH." THE

ABILITY TO SPEAK EXCLUSIVELY OR PRIMARILY A LANGUAGE OTHER THAN

ENGLISH AND THE INABILITY TO SUFFICIENTLY SPEAK OR UNDERSTAND

ENGLISH.

 

"NON-ENGLISH-SPEAKING PERSON." A PRINCIPAL PARTY IN INTEREST

OR A WITNESS WHO HAS LIMITED ABILITY TO SPEAK OR UNDERSTAND

ENGLISH.

 

"OTHERWISE QUALIFIED INTERP