SB669 / HB2181 As AmendedMay 12, 2004 per HB2181 Printer's No. 3870 |
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Interpreter Services in PennsylvaniaSB669 / HB2181 As AmendedMay 12, 2004 per HB2181 Printer's No. 3870Open Table of Contents Below as Separate Document
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.
SECTION 2. SECTION 505.1 OF TITLE 2 IS REPEALED.
SECTION 3. CHAPTER 5 OF TITLE 2 IS AMENDED BY ADDING SUBCHAPTERS TO READ:
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
(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.
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 44COURT INTERPRETERS
SUBCH. A. GENERAL PROVISIONS B. COURT INTERPRETER FOR NON-ENGLISH-SPEAKING PERSONS. C. COURT INTERPRETERS FOR PERSONS WHO ARE DEAF.
SUBCHAPTER AGENERAL PROVISIONSSEC. 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 INTERPRETER." A PERSON WHO:
(1) FOR PURPOSES OF SUBCHAPTER B (RELATING TO COURT 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 COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS AS ESTABLISHED BY THE COURT ADMINISTRATOR IN ACCORDANCE WITH SUBCHAPTER B.
(2) FOR PURPOSES OF SUBCHAPTER C (RELATING TO COURT 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 COURT INTERPRETERS FOR PERSONS WHO ARE DEAF AS ESTABLISHED BY THE COURT ADMINISTRATOR IN ACCORDANCE WITH SUBCHAPTER C.
"PERSON WHO IS DEAF." A PRINCIPAL PARTY IN INTEREST OR A WITNESS WHO IS DEAF.
"PRESIDING JUDICIAL OFFICER." INCLUDES A JUDICIAL OFFICER AS DEFINED IN SECTION 102 (RELATING TO DEFINITIONS).
"PRINCIPAL PARTY IN INTEREST." A PERSON INVOLVED IN A JUDICIAL PROCEEDING WHO IS A NAMED PARTY, WILL BE BOUND BY THE DECISION OR ACTION OR IS FORECLOSED FROM PURSUING THAT PERSON'S RIGHTS BY THE DECISION OR ACTION WHICH MAY BE TAKEN IN THE JUDICIAL PROCEEDING.
"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 JUDICIAL PROCEEDING.
SUBCHAPTER BCOURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONSSEC. 4411. LEGISLATIVE FINDINGS AND DECLARATION. 4412. DUTIES OF COURT ADMINISTRATOR. 4413. APPOINTMENT OF INTERPRETER. 4414. REPLACEMENT OF INTERPRETER. 4415. OATH. 4416. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER. 4417. COST OF PROVIDING INTERPRETER. 4418. FUNDING.
§ 4411. LEGISLATIVE FINDINGS AND DECLARATION.
IT IS HEREBY DECLARED TO BE THE POLICY OF THIS COMMONWEALTH TO SECURE THE RIGHTS, CONSTITUTIONAL AND OTHERWISE, OF PERSONS, WHO BECAUSE OF A NON-ENGLISH-SPEAKING CULTURAL BACKGROUND, ARE UNABLE TO UNDERSTAND OR COMMUNICATE ADEQUATELY IN THE ENGLISH LANGUAGE WHEN THEY APPEAR IN COURT OR ARE INVOLVED IN JUDICIAL PROCEEDINGS. IT IS THE INTENT OF THIS SUBCHAPTER TO PROVIDE FOR THE CERTIFICATION, APPOINTMENT AND USE OF INTERPRETERS TO SECURE THE RIGHTS OF NON-ENGLISH-SPEAKING PERSONS IN ALL JUDICIAL PROCEEDINGS.
§ 4412. DUTIES OF COURT ADMINISTRATOR.
(A) INTERPRETER PROGRAM.--THE COURT ADMINISTRATOR SHALL ESTABLISH A PROGRAM TO APPOINT AND USE CERTIFIED INTERPRETERS IN JUDICIAL PROCEEDINGS. TO CERTIFY INTERPRETERS, THE COURT 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;
(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 COURT ADMINISTRATOR.
(B) LIST OF CERTIFIED INTERPRETERS.--THE COURT ADMINISTRATOR SHALL COMPILE, MAINTAIN AND DISSEMINATE A CURRENT LIST OF INTERPRETERS CERTIFIED BY THE COURT ADMINISTRATOR FOR THE COURTS THROUGH ANY MEANS DEEMED APPROPRIATE BY THE COURT ADMINISTRATOR, INCLUDING, BUT NOT LIMITED TO, A WRITTEN DIRECTORY, WHICH SHALL BE MAINTAINED ON FILE WITH THE OFFICE OF THE CLERK OF COURTS IN EACH JUDICIAL DISTRICT, AND THROUGH PUBLICATION ON THE OFFICIAL WORLD WIDE WEB SITE OF THE ADMINISTRATIVE OFFICE.
(C) GUIDELINES FOR COURT SELECTION OF OTHERWISE QUALIFIED INTERPRETERS.--THE COURT ADMINISTRATOR SHALL PROVIDE GUIDELINES TO THE COURTS FOR THE SELECTION AND USE OF OTHERWISE QUALIFIED INTERPRETERS IN ORDER TO ENSURE THAT THE HIGHEST STANDARDS OF ACCURACY ARE MAINTAINED IN ALL JUDICIAL PROCEEDINGS SUBJECT TO THE PROVISIONS OF THIS SUBCHAPTER.
(D) FEE SCHEDULE.--THE COURT ADMINISTRATOR SHALL PRESCRIBE, SUBJECT TO PERIODIC REVIEW, A SCHEDULE OF REASONABLE FEES FOR SERVICES RENDERED BY CERTIFIED INTERPRETERS AND OTHERWISE QUALIFIED INTERPRETERS USED IN JUDICIAL PROCEEDINGS.
(E) STANDARDS OF PROFESSIONAL CONDUCT.--
(1) THE COURT ADMINISTRATOR SHALL ESTABLISH AND ADOPT STANDARDS FOR A CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS.
(2) THE COURT ADMINISTRATOR SHALL ESTABLISH, ADMINISTER OR RECOMMEND A PROCESS TO REVIEW AND RESPOND TO ALLEGATIONS OF VIOLATIONS OF THE CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS, INCLUDING, BUT NOT LIMITED TO, DECERTIFICATION AND OTHER DISCIPLINARY MEASURES.
§ 4413. APPOINTMENT OF INTERPRETER.
(A) APPOINTMENT OF CERTIFIED INTERPRETER.--UPON REQUEST OR SUA SPONTE, IF THE PRESIDING JUDICIAL OFFICER DETERMINES THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS OR THE DEFENDANT OR DIRECT VICTIM IN A CRIMINAL CASE HAS A LIMITED ABILITY TO SPEAK OR UNDERSTAND ENGLISH, THEN A CERTIFIED INTERPRETER SHALL BE APPOINTED, UNLESS THE CERTIFIED INTERPRETER IS UNAVAILABLE AS PROVIDED IN SUBSECTION (B).
(B) APPOINTMENT OF OTHERWISE QUALIFIED INTERPRETER.—
(1) AN OTHERWISE QUALIFIED INTERPRETER SHALL BE APPOINTED BY THE PRESIDING JUDICIAL OFFICER IF A GOOD FAITH EFFORT WAS MADE TO OBTAIN A CERTIFIED INTERPRETER AND A CERTIFIED INTERPRETER WAS NOT REASONABLY AVAILABLE, AS DETERMINED BY THE PRESIDING JUDICIAL OFFICER.
(2) PRIOR TO THE APPOINTMENT OF THE OTHERWISE QUALIFIED INTERPRETER, THE PRESIDING JUDICIAL OFFICER, PURSUANT TO GENERAL RULE, SHALL STATE ON THE RECORD THAT A CERTIFIED INTERPRETER IS NOT AVAILABLE AND 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 COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS, AS ESTABLISHED BY THE COURT ADMINISTRATOR.
(C) ADDITIONAL INTERPRETER.--AFTER CONSIDERATION OF THE LENGTH OF THE JUDICIAL PROCEEDING AND THE NUMBER OF NON-ENGLISH- SPEAKING PERSONS INVOLVED, THE PRESIDING JUDICIAL OFFICER MAY APPOINT, AS PROVIDED IN SUBSECTIONS (A) AND (B), AN ADDITIONAL INTERPRETER OR PROVIDE FOR ADDITIONAL INTERPRETATION IN A MANNER DEEMED APPROPRIATE BY THE PRESIDING JUDICIAL OFFICER.
(D) IMMEDIATE FAMILY.--THE PRESIDING JUDICIAL OFFICER MAY APPOINT, AS PROVIDED IN SUBSECTIONS (A) AND (B), AN INTERPRETER OR PROVIDE FOR ADDITIONAL INTERPRETATION, AS PROVIDED IN SUBSECTION (C), FOR AN IMMEDIATE FAMILY MEMBER OF A PRINCIPAL
§ 4414. REPLACEMENT OF INTERPRETER.
PURSUANT TO GENERAL RULE, THE PRESIDING JUDICIAL OFFICER 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 COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS.
(2) IS UNABLE TO EFFECTIVELY COMMUNICATE WITH THE PRESIDING JUDICIAL OFFICER OR THE NON-ENGLISH-SPEAKING PERSON, INCLUDING WHERE THE INTERPRETER SELF-REPORTS SUCH INABILITY.
§ 4415. OATH.
BEFORE 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 COURT INTERPRETERS FOR NON- ENGLISH-SPEAKING PERSONS.
§ 4416. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.
AN INTERPRETER APPOINTED UNDER THIS SUBCHAPTER SHALL NOT BE COMPELLED TO TESTIFY IN ANY JUDICIAL PROCEEDING OR ADMINISTRATIVE PROCEEDING TO ANY 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) SECTION 5916 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO ATTORNEY).
(2) SECTION 5928 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO ATTORNEY).
(3) SECTION 5942 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO NEWS REPORTERS).
(4) SECTION 5943 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO CLERGYMEN).
(5) SECTION 5944 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS).
(6) SECTION 5945 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO SCHOOL PERSONNEL).
(7) SECTION 5945.1 (RELATING TO CONFIDENTIAL COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).
(8) SECTION 5945.2 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO CRIME STOPPER OR SIMILAR ANTICRIME PROGRAM).
§ 4417. COST OF PROVIDING INTERPRETER.
(A) GENERAL RULE.--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 AS PROVIDED IN THIS SECTION.
(B) PRINCIPAL PARTY IN INTEREST.--IF THE NON-ENGLISH- SPEAKING PERSON IS A DEFENDANT OR A DIRECT VICTIM IN A JUDICIAL PROCEEDING FOR A CRIMINAL MATTER, THEN THE PAYMENT OF THE COST OF PROVIDING THE INTERPRETER SHALL BE THE RESPONSIBILITY OF THE COUNTY OF THE COURT THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING FOR THE CRIMINAL MATTER.
(C) WITNESS.--IF THE NON-ENGLISH-SPEAKING PERSON IS COMPELLED TO APPEAR AS A WITNESS IN A JUDICIAL PROCEEDING FOR A CRIMINAL MATTER, THEN THE PAYMENT OF THE COST OF PROVIDING THE INTERPRETER SHALL BE THE RESPONSIBILITY OF THE COUNTY OF THE COURT THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING FOR THE CRIMINAL MATTER.
(D) PAYMENT DETERMINATION.--EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C), DISPOSITION OF ALL OR PART OF THE COST OF PROVIDING INTERPRETER SERVICES SHALL BE IN THE DISCRETION OF THE PRESIDING JUDICIAL OFFICER UNLESS THE PRINCIPAL PARTY IN INTEREST IS INDIGENT. IF THE PRINCIPAL PARTY IN INTEREST IS INDIGENT, THEN THE COST OF PROVIDING INTERPRETER SERVICES SHALL BE THE RESPONSIBILITY OF THE COUNTY OF THE COURT THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING. THE PRESIDING JUDICIAL OFFICER MAY ORDER REIMBURSEMENT TO THE COUNTY FOR ITS RESPONSIBILITIES UNDER THIS SECTION.
§ 4418. FUNDING.
EXCEPT AS PROVIDED IN SECTION 4417 (RELATING TO COST OF PROVIDING INTERPRETER), THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE COURT ADMINISTRATOR 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 CCOURT INTERPRETERS FOR PERSONS WHO ARE DEAFSEC. 4431. LEGISLATIVE FINDINGS AND DECLARATION. 4432. DUTIES OF COURT ADMINISTRATOR. 4433. APPOINTMENT OF INTERPRETER. 4434. REPLACEMENT OF INTERPRETER. 4435. INTERROGATION. 4436. OATH. 4437. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER. 4438. COST OF PROVIDING INTERPRETER. 4439. FUNDING.
§ 4431. LEGISLATIVE FINDINGS AND DECLARATION.
IT IS HEREBY DECLARED TO BE THE POLICY OF THIS COMMONWEALTH TO SECURE THE RIGHTS, CONSTITUTIONAL AND OTHERWISE, OF PERSONS, WHO BECAUSE OF AN IMPAIRMENT OF HEARING OR SPEECH, ARE UNABLE TO UNDERSTAND OR COMMUNICATE ADEQUATELY IN THE SPOKEN ENGLISH LANGUAGE WHEN THEY APPEAR IN COURT OR ARE INVOLVED IN JUDICIAL PROCEEDINGS. IT IS THE INTENT OF THIS SUBCHAPTER TO PROVIDE FOR THE CERTIFICATION, APPOINTMENT AND USE OF INTERPRETERS TO SECURE THE RIGHTS OF PERSONS WHO ARE DEAF IN ALL JUDICIAL PROCEEDINGS.
§ 4432. DUTIES OF COURT ADMINISTRATOR.
(A) INTERPRETER PROGRAM.--THE COURT ADMINISTRATOR SHALL ESTABLISH A PROGRAM TO APPOINT AND USE CERTIFIED INTERPRETERS IN JUDICIAL PROCEEDINGS. TO CERTIFY INTERPRETERS, THE COURT ADMINISTRATOR 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, INCLUDING, BUT NOT LIMITED TO, CERTIFICATION BY THE REGISTRY OF 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 AS DEEMED APPROPRIATE BY THE COURT ADMINISTRATOR.
(B) LIST OF CERTIFIED INTERPRETERS.--THE COURT ADMINISTRATOR SHALL COMPILE, MAINTAIN AND DISSEMINATE A CURRENT LIST OF INTERPRETERS CERTIFIED BY THE COURT ADMINISTRATOR FOR THE COURTS THROUGH ANY MEANS DEEMED APPROPRIATE BY THE COURT ADMINISTRATOR, INCLUDING, BUT NOT LIMITED TO, A WRITTEN DIRECTORY, WHICH SHALL BE MAINTAINED ON FILE WITH THE OFFICE OF THE CLERK OF COURTS IN EACH JUDICIAL DISTRICT, AND THROUGH PUBLICATION ON THE OFFICIAL WORLD WIDE WEB SITE OF THE ADMINISTRATIVE OFFICE.
(C) GUIDELINES FOR COURT SELECTION OF OTHERWISE QUALIFIED INTERPRETERS.--THE COURT ADMINISTRATOR SHALL PROVIDE GUIDELINES TO THE COURTS FOR THE SELECTION AND USE OF OTHERWISE QUALIFIED INTERPRETERS IN ORDER TO ENSURE THAT THE HIGHEST STANDARDS OF ACCURACY ARE MAINTAINED IN ALL JUDICIAL PROCEEDINGS SUBJECT TO THE PROVISIONS OF THIS SUBCHAPTER.
(D) FEE SCHEDULE.--THE COURT ADMINISTRATOR SHALL PRESCRIBE, SUBJECT TO PERIODIC REVIEW, A SCHEDULE OF REASONABLE FEES FOR SERVICES RENDERED BY CERTIFIED INTERPRETERS AND OTHERWISE QUALIFIED INTERPRETERS USED IN JUDICIAL PROCEEDINGS.
(E) STANDARDS OF PROFESSIONAL CONDUCT.--
(1) THE COURT ADMINISTRATOR SHALL ESTABLISH AND ADOPT STANDARDS FOR A CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS FOR PERSONS WHO ARE DEAF.
(2) THE COURT ADMINISTRATOR SHALL ESTABLISH, ADMINISTER OR RECOMMEND A PROCESS TO REVIEW AND RESPOND TO ALLEGATIONS OF VIOLATIONS OF THE CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS OF PERSONS WHO ARE DEAF, INCLUDING, BUT NOT LIMITED TO, DECERTIFICATION AND OTHER DISCIPLINARY MEASURES.
§ 4433. APPOINTMENT OF INTERPRETER.
(A) APPOINTMENT OF CERTIFIED INTERPRETER.--UPON REQUEST OR SUA SPONTE, IF THE PRESIDING JUDICIAL OFFICER DETERMINES THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS OR THE DEFENDANT OR DIRECT VICTIM IN A CRIMINAL CASE IS DEAF, THEN A CERTIFIED INTERPRETER SHALL BE APPOINTED, 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 THE PRESIDING JUDICIAL OFFICER IF A GOOD FAITH EFFORT WAS MADE TO OBTAIN A CERTIFIED INTERPRETER AND A CERTIFIED INTERPRETER WAS NOT REASONABLY AVAILABLE, AS DETERMINED BY THE PRESIDING JUDICIAL OFFICER.
(2) PRIOR TO THE APPOINTMENT OF THE OTHERWISE QUALIFIED INTERPRETER, THE PRESIDING JUDICIAL OFFICER, PURSUANT TO GENERAL RULE, SHALL STATE ON THE RECORD THAT A CERTIFIED INTERPRETER IS NOT AVAILABLE AND THAT 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 PRESIDING JUDICIAL OFFICER; AND
(III) HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY THE CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS FOR PERSONS WHO ARE DEAF, AS ESTABLISHED BY THE COURT ADMINISTRATOR.
(C) ADDITIONAL INTERPRETER.--AFTER CONSIDERATION OF THE LENGTH OF THE JUDICIAL PROCEEDING, THE SPECIAL NEEDS OF THE PERSON WHO IS DEAF, AND THE NUMBER OF PERSONS INVOLVED WHO ARE DEAF, THE PRESIDING JUDICIAL OFFICER MAY APPOINT, AS PROVIDED IN SUBSECTIONS (A) AND (B), AN ADDITIONAL INTERPRETER OR PROVIDE FOR ADDITIONAL INTERPRETATION IN A MANNER DEEMED APPROPRIATE BY THE PRESIDING JUDICIAL OFFICER.
(D) IMMEDIATE FAMILY.--THE PRESIDING JUDICIAL OFFICER MAY APPOINT, AS PROVIDED IN SUBSECTIONS (A) AND (B), AN INTERPRETER OR PROVIDE FOR ADDITIONAL INTERPRETATION, AS PROVIDED IN SUBSECTION (C), FOR AN IMMEDIATE FAMILY MEMBER OF A PRINCIPAL PARTY IN INTEREST.
§ 4434. REPLACEMENT OF INTERPRETER.
PURSUANT TO GENERAL RULE, THE PRESIDING JUDICIAL OFFICER 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 COURT INTERPRETERS FOR PERSONS WHO ARE DEAF.
(2) IS UNABLE TO EFFECTIVELY COMMUNICATE WITH THE PRESIDING JUDICIAL OFFICER OR THE PERSON WHO IS DEAF, INCLUDING WHERE THE INTERPRETER SELF-REPORTS SUCH INABILITY.
§ 4435. INTERROGATION.
UPON THE ARREST OF ANY PERSON WHO IS DEAF AND PRIOR TO INTERROGATION THE ARRESTING OFFICER SHALL MAKE AVAILABLE TO THE PERSON WHO IS DEAF AN INTERPRETER WHO SHALL BE PRESENT WITH THE PERSON WHO IS DEAF THROUGHOUT THE INTERROGATION.
§ 4436. OATH.
BEFORE 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 A 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 ENGLISH TO THE BEST OF THE INTERPRETER'S SKILL AND JUDGMENT AND IN ACCORDANCE WITH THE CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS FOR PERSONS WHO ARE DEAF.
§ 4437. CONFIDENTIAL COMMUNICATIONS IN PRESENCE OF INTERPRETER.
AN INTERPRETER APPOINTED UNDER THIS SUBCHAPTER SHALL NOT BE COMPELLED TO TESTIFY IN ANY JUDICIAL PROCEEDING OR ADMINISTRATIVE PROCEEDING, TO ANY 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) SECTION 5916 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO ATTORNEY).
(2) SECTION 5928 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO ATTORNEY).
(3) SECTION 5942 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO NEWS REPORTERS).
(4) SECTION 5943 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO CLERGYMEN).
(5) SECTION 5944 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS).
(6) SECTION 5945 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO SCHOOL PERSONNEL).
(7) SECTION 5945.1 (RELATING TO CONFIDENTIAL COMMUNICATIONS WITH SEXUAL ASSAULT COUNSELORS).
(8) SECTION 5945.2 (RELATING TO CONFIDENTIAL COMMUNICATIONS TO CRIME STOPPER OR SIMILAR ANTICRIME PROGRAM).
§ 4438. COST OF PROVIDING INTERPRETER.
(A) GENERAL RULE.--EXCEPT AS PROVIDED BY GENERAL RULE AND IN SUBSECTION (B), AN INTERPRETER APPOINTED IN ACCORDANCE WITH THIS SUBCHAPTER IS ENTITLED TO A REASONABLE FEE FOR THE SERVICES OF THE INTERPRETER AND SHALL BE REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES BY THE COUNTY THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING.
(B) PAYMENT DETERMINATION OF CERTAIN COSTS.--DISPOSITION OF ALL OR PART OF THE COST OF PROVIDING AN INTERPRETER APPOINTED IN ACCORDANCE WITH SECTION 4433(D) (RELATING TO APPOINTMENT OF INTERPRETER) SHALL BE IN THE DISCRETION OF THE COURT THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING. IN NO EVENT SHALL THE COST OF PROVIDING INTERPRETER SERVICES BE THE RESPONSIBILITY OF THE PERSON WHO IS DEAF. IF THE PRINCIPAL PARTY IN INTEREST IS INDIGENT, THEN THE COST OF PROVIDING INTERPRETER SERVICES SHALL BE THE RESPONSIBILITY OF THE COUNTY OF THE COURT THAT HAS JURISDICTION OVER THE JUDICIAL PROCEEDING. THE PRESIDING JUDICIAL OFFICER MAY ORDER REIMBURSEMENT TO THE COUNTY FOR ITS RESPONSIBILITIES UNDER THIS SUBCHAPTER.
§ 4439. FUNDING.
EXCEPT AS PROVIDED IN SECTION 4438 (RELATING TO COST OF PROVIDING INTERPRETER), THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE COURT ADMINISTRATOR 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 5. SECTIONS 7103 AND 8701 OF TITLE 42 ARE REPEALED.
SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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