HB144INTRODUCED
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YK3SN6-1
By Representative Hill
RFD: Judiciary
First Read: 21-Mar-23
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5 YK3SN6-1 03/06/2023 THR (L)THR 2023-680
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SYNOPSIS:
This bill would provide for a certification
process for court interpreters.
A BILL
TO BE ENTITLED
AN ACT
Relating to courts; to amend Section 15-1-3, Code of
Alabama 1975, to provide for a certification process for court
interpreters.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-1-3, Code of Alabama 1975, is
amended to read:
"ยง15-1-3
(a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding
or during the juvenile court intake process conducted pursuant
to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile,
complainant, petitioner, or a witness informs the court that
he or she does not speak or adequately understand the English
language, the court may appoint an interpreter.
(2) The defendant, juvenile, complainant, petitioner,
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or witness shall inform the appropriate court of his or her
need for an interpreter immediately upon receiving notice to
appear in the court.
(3) If the court determines that due process
considerations require an interpreter, the court shall appoint
a qualified person to interpret the proceedings for the
defendant, juvenile, complainant, petitioner, or witness
requesting assistance. The interpreter shall also interpret
the testimony or statements of the defendant, juvenile,
complainant, petitioner, or witness, and, where applicable,
assist in communications with counsel.
(4) If the court has reason to believe that the
defendant, juvenile, complainant, petitioner, or witness
requesting an interpreter is capable of speaking and
understanding the English language, the court may require that
the requestor provide reasonable proof to the court of his or
her inability to speak or understand the English language.
(b) Upon appointment, an interpreter shall swear under
oath that he or she will render a true and clear
interpretation to the best of his or her skill and judgment.
(c) The relations and communications between an
appointed interpreter and the requestor are placed on the same
basis as those provided by law between attorney and client.
Any information obtained by an interpreter from the requestor
pertaining to any proceeding then pending shall at all times
remain confidential and privileged, unless the requestor
expresses a desire that the information be communicated to
another person.
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(d) An interpreter appointed pursuant to this section
shall be entitled to a fee in an amount calculated according
to a fee schedule established by the Administrative Director
of Courts with the advice and consent of the state Comptroller
for his or her services. The fee shall be in addition to
actual expenses for travel and transportation. If the
interpreter is appointed by a district, circuit, or appellate
court the interpreter shall submit his or her expenses to the
judge making the appointment for approval. After approval, the
clerk of the court shall forward the expenses of the
interpreter to the state Comptroller to be paid from the fund
within the State General Fund known as "court assessed costs
not provided for." If the interpreter is appointed by another
authority, the fee shall be paid out of funds available to
that appointing authority. Nothing in this section shall
prohibit the court from taxing the costs of the interpreter
against one or more of the parties for immediate payment or
from requiring reimbursement to the state at a later date.
(e)(1) An individual may become certified as an
interpreter after successfully passing an interpretation test
created and administered by the Administrative Office of
Courts, or an entity approved by the Administrative Office of
Courts.
(2) The Administrative Office of Courts may establish a
mandatory certification fee, paid by the individual seeking
certification, to cover the costs of developing,
administering, and grading the interpretation test.
(3) The Administrative Office of Courts may use the
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funds collected from the certification fee to pay any costs
associated with the development, administration, or grading of
the interpretation test.
(4) The fees shall be deposited in the State Judicial
Administration Fund established in Section 12-19-310. "
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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