Current Status Bill Number:
776Ratification Number: 405Act Number: 365Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950425Primary Sponsor: LanderAll Sponsors: Lander, Giese and MatthewsDrafted Document Number: br1\18443ac.95Companion Bill Number: 4197Date Bill Passed both Bodies: 19960522Date of Last Amendment: 19960425Governor's Action: SDate of Governor's Action: 19960528Subject: Deaf interpreter in legal proceedings
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960613 Act No. A365 ------ 19960528 Signed by Governor ------ 19960523 Ratified R405 House 19960522 Read third time, enrolled for ratification House 19960521 Read second time House 19960515 Committee report: Favorable 25 HJ House 19960430 Introduced, read first time, 25 HJ referred to Committee Senate 19960426 Read third time, sent to House Senate 19960425 Amended, read second time, unanimous consent for third reading on Friday, 19960426 Senate 19960424 Committee report: Favorable with 11 SJ amendment Senate 19950425 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A365, R405, S776)
AN ACT TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON", TO FURTHER DEFINE LEGAL PROCEEDINGS, TO INCLUDE DEAF PERSONS WHO ARE WITNESSES, TO FURTHER PROVIDE FOR THE SELECTION OF INTERPRETERS, AND TO REQUIRE INTERPRETATION UNDERSTANDABLE TO THE DEAF PERSON WHEN CONFINEMENT TO AN INSTITUTION IS AN ISSUE.
Be it enacted by the General Assembly of the State of South Carolina:
Witnesses; proceedings included; selection of interpreters; proceedings for confinement to an institution; definitions
SECTION 1. Section 15-27-15 of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever a deaf person is a party or witness to any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's court, or is confined to an institution, the court shall appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(B) For purposes of this section:
(1) `Qualified interpreter' means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person.
(2) `Deaf person' means a person who cannot use his hearing for communication purposes.
(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 28th day of May, 1996.