South Carolina General Assembly
114th Session, 2001-2002

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Bill 3160


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 28, 2001

    H. 3160

Introduced by Reps. Lee and Whipper

S. Printed 2/28/01--H.

Read the first time January 9, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3160) to amend Sections 15-27-155 and 17-1-50, Code of Laws of South Carolina, 1976, relating to the appointment of interpreters in civil and criminal proceedings, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    / SECTION    1.    Section 17-1-50 of the 1976 Code, as added by Act 390 of 1998, is amended to read:

    "Section 17-1-50.    (A)    As used in this section:

        (1)    'Non-English speaking person' means a principal party in interest or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.

        (2)    'Principal party in interest' means a person involved in a legal proceeding who is a named party, or who is bound by the decision or action, or who is foreclosed from pursuing his rights by the decision or action which is taken during the proceeding.

        (3)    'Legal proceeding' means a proceeding in which a non-English speaking person is a principal party in interest or a witness.

        (4)    'Witness' means a person who testifies in a legal proceeding.

        (5)    'Appointing authority' means a trial judge, administrative hearing officer, or another officer authorized by law to conduct a judicial or quasi-judicial proceeding.

        (6)    'Qualified interpreter' means a person who:

            (a)    is eighteen years of age or older;

            (b)        is not a family member of the principal party in interest or a witness;

            (c)    is not a person confined to an institution;

            (d)    has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.

        (7)    'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(6) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.

    (B)    A "qualified interpreter" means a person who:

        (1)    is eighteen years of age or older;

        (2)    is not a family member of the party or witness;

        (3)    is an instructor of foreign language at an institution of education; or

        (4)    has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.

    An "interpreter" shall not be a person confined to an institution.

    Notwithstanding any other provision of law, whenever a principal party in interest or witness to a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or testify, the court appointing authority must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the principal party in interest and the testimony of the party or witness. However, the court appointing authority may waive the use of a certified or otherwise qualified interpreter if the court appointing authority finds that it is not necessary for the fulfillment of justice. The court appointing authority must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking witness or party to a proceeding, and the appointing authority determines on the record that the waiver has been made knowingly, voluntarily, and intelligently in the best interest of the party or witness and that this action is in the best interest of justice.

    (C)    The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the 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.

    (D)    The Division of Court Administration shall appoint a Court Interpreters Advisory Panel which must be comprised of judges, attorneys, court personnel, court interpreters, and experts in the field of linguistics which shall assist the State Supreme Court and the Division of Court Administration in developing policies that include a code of professional responsibility for interpreters, interpreter training, continuing education, and recruitment of interpreters.

    (E)    The Division of Court Administration shall maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to the principal party in interest and testimony of a party or witness. A principal party in interest or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(6) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the appointing authority."

    SECTION    2.    This act takes effect upon approval by the Governor. /

    Renumber sections to conform.

    Amend title to conform.

JAMES H. HARRISON, for Committee.

            

A BILL

TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.

Whereas, the policy of this State is to secure the constitutional and other rights 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 courts or are involved in a criminal or civil justice proceeding and who cannot be protected fully in a legal proceeding unless certified or otherwise qualified interpreters are available to assist them, and

Whereas, it is the intent of this act to provide for the use and a procedure for the appointment of interpreters to secure the State and federal constitutional rights of non-English speaking persons in all legal and administrative proceedings. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-27-155 of the 1976 Code, as added by Act 390 of 1998, is amended to read:

    "Section 15-27-155.    (A)    As used in this section:

        (1)    'Non-English speaking person' means a principal party in interest or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.

        (2)    'Principal party in interest' means a person involved in a legal proceeding who is a named party, or who is bound by the decision or action, or who is foreclosed from pursuing his rights by the decision or action which is taken during the proceeding.

        (3)    'Legal proceeding' means a proceeding in which a non-English speaking person is a principal party in interest or a witness.

        (4)    'Witness' means a person who testifies in a legal proceeding.

        (5)    'Appointing authority' means a trial judge, administrative hearing officer, or another officer authorized by law to conduct a judicial or quasi-judicial proceeding.

        (6)    'Qualified interpreter' means a person who:

            (a)    is eighteen years of age or older;

            (b)    is not a family member of the principal party in interest or a witness;

            (c)    is not a person confined to an institution;

            (d)    has educational training or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.

        (7)    'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(6) and is certified by the Administrative Office of the United States Courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.

    (B)    An "interpreter" means a person who:

        (1)    is eighteen years of age or older;

        (2)    is not a family member of the party or witness;

        (3)    is an instructor of foreign language at an institution of education; or

        (4)    has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.

An "interpreter" shall not be a person confined to an institution.

    Notwithstanding any other provision of law, whenever a principal party in interest or witness to a civil legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or testify, the court may appointing authority must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the principal party in interest and the testimony of the party or witness. However, the court appointing authority may waive the use of a certified or otherwise qualified interpreter if the court appointing authority finds that it is not necessary for the fulfillment of justice. The court appointing authority must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking person, and the appointing authority determines on the record that the waiver has been made knowingly, voluntarily, and intelligently in the best interest of the party or witness and that this action is in the best interest of justice.

    (C)    The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which may be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly, paid by one or more of the parties as the court may direct, or taxed ultimately as costs based on the discretion of the court.

    (D)    The Division of Court Administration shall appoint a Court Interpreters Advisory Panel which must be comprised of judges, attorneys, court personnel, court interpreters, and experts in the field of linguistics which shall assist the State Supreme Court and the Division of Court Administration in developing policies that include a code of professional responsibility for interpreters, interpreter training, continuing education, and recruitment of interpreters.

    (E)    The Division of Court Administration shall maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to the principal party in interest and testimony of a party or witness. A principal party in interest or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(6) and submits a sworn affidavit to the court specifying his or her qualifications or submits to a voir dire by the appointing authority."

SECTION    2.    Section 17-1-50 of the 1976 Code, as added by Act 390 of 1998, is amended to read:

    "Section 17-1-50.    (A)    As used in this section:

        (1)    'Non-English speaking person' means a principal party in interest or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.

        (2)    'Principal party in interest' means a person involved in a legal proceeding who is a named party, or who is bound by the decision or action, or who is foreclosed from pursuing his rights by the decision or action which is taken during the proceeding.

        (3)    'Legal proceeding' means a proceeding in which a non-English speaking person is a principal party in interest or a witness.

        (4)    'Witness' means a person who testifies in a legal proceeding.

        (5)    'Appointing authority' means a trial judge, administrative hearing officer, or another officer authorized by law to conduct a judicial or quasi-judicial proceeding.

        (6)    'Qualified interpreter' means a person who:

            (a)    is eighteen years of age or older;

            (b)    is not a family member of the principal party in interest or a witness;

            (c)    is not a person confined to an institution;

            (d)    has education training or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.

        (7)    'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(6) and is certified by the Administrative office of the United States Courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.

    (B)    A "qualified interpreter" means a person who:

        (1)    is eighteen years of age or older;

        (2)    is not a family member of the party or witness;

        (3)    is an instructor of foreign language at an institution of education; or

        (4)    has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.

An "interpreter" shall not be a person confined to an institution.

    Notwithstanding any other provision of law, whenever a principal party in interest or witness to a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or testify, the court appointing authority must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the principal party in interest and the testimony of the party or witness. However, the court appointing authority may waive the use of a certified or otherwise qualified interpreter if the court appointing authority finds that it is not necessary for the fulfillment of justice. The court appointing authority must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking person, and the appointing authority determines on the record that the waiver has been made knowingly, voluntarily, and intelligently in the best interest of the party or witness and that this action is in the best interest of justice.

    (C)    The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the 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.

    (D)    The Division of Court Administration shall appoint a Court Interpreters Advisory Panel which must be comprised of judges, attorneys, court personnel, court interpreters, and experts in the field of linguistics which shall assist the State Supreme Court and the Division of Court Administration in developing policies that include a code of professional responsibility for interpreters, interpreter training, continuing education, and recruitment of interpreters.

    (E)    The Division of Court Administration shall maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to the principal party in interest and testimony of a party or witness. A principal party in interest or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(6) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the appointing authority."

SECTION    3.    This act takes effect upon approval by the Governor.

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