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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 6, 2001
H. 3160
S. Printed 6/6/01--S.
Read the first time March 6, 2001.
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.
Amend Title To Conform
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 15-27-15(A) of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever a deaf person is a party or witness to in 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 magistrates court, or is confined to an institution, the court shall must 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, through the chief administrative judge for the judicial circuit, 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. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services 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."
SECTION 2. Section 15-27-155(C) of the 1976 Code is amended to read:
"(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.
(1) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court;
(2) The fees for interpreting services may be:
(a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly;
(b) paid by one or more of the parties as the court may direct; or
(c) taxed ultimately as costs based on the discretion of the court."
SECTION 3. Section 17-1-50 of the 1976 Code is amended to read:
"Section 17-1-50. (A) Notwithstanding any other provision of law, whenever a party or witness to a criminal legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice. As used in this section:
(1) 'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(4) 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.
(2) 'Legal proceeding' means a proceeding in which a non-English speaking person is a party or a witness.
(3) 'Non-English speaking person' means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.
(4) 'Qualified interpreter' means a person who:
(a) is eighteen years of age or older;
(b) is not a family member of a party or a witness;
(c) is not a person confined to an institution; and
(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.
(5) 'Victim' means a victim as defined in 16-3-1110.
(6) 'Witness' means a person who testifies in a legal proceeding.
(B)(1) 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 party, witness, or victim in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or victim or to interpret the testimony of the witness.
(2) However, the court may waive the use of a certified or otherwise qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court 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 party, witness, or victim in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver 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. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services 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 must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a party or witness. A party 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)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court."
SECTION 4. This act takes effect upon approval by the Governor.
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