Alabama 2023 Regular Session

Alabama House Bill HB144 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB144ENROLLED~~
	1	+	HB144INTRODUCED
2	2		Page 0
3		-	YK3SN6-2
	3	+	YK3SN6-1
4	4		By Representative Hill
5	5		RFD: Judiciary
6	6		First Read: 21-Mar-23
7		-	2023 Regular Session
8	7		1
9	8		2
10	9		3
11	10		4
12		-	5
13		-	6 HB144 EnrolledHB144 Enrolled
	11	+	5 YK3SN6-1 03/06/2023 THR (L)THR 2023-680
14	12		Page 1
15		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	This bill would provide for a certification
	15	+	process for court interpreters.
	16	+	A BILL
	17	+	TO BE ENTITLED
	18	+	AN ACT
16	19		Relating to courts; to amend Section 15-1-3, Code of
17	20		Alabama 1975, to provide for a certification process for court
18	21		interpreters.
19	22		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20	23		Section 1. Section 15-1-3, Code of Alabama 1975, is
21	24		amended to read:
22	25		"§15-1-3
23	26		(a)(1) If at any stage of a criminal proceeding,
24	27		protection from abuse proceeding, or juvenile court proceeding
25	28		or during the juvenile court intake process conducted pursuant
26	29		to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
27	30		Rules of Juvenile Procedure, the defendant, juvenile,
28	31		complainant, petitioner, or a witness informs the court that
29	32		he or she does not speak or adequately understand the English
30	33		language, the court may appoint an interpreter.
31	34		(2) The defendant, juvenile, complainant, petitioner,
32		-	or witness shall inform the appropriate court of his or her
33		-	need for an interpreter immediately upon receiving notice to
34		-	appear in the court.
35		-	(3) If the court determines that due process
36		-	considerations require an interpreter, the court shall appoint
37		-	a qualified person to interpret the proceedings for the
38		-	defendant, juvenile, complainant, petitioner, or witness
39		-	requesting assistance. The interpreter shall also interpret
40		-	the testimony or statements of the defendant, juvenile,
41	35		1
42	36		2
43	37		3
44	38		4
45	39		5
46	40		6
47	41		7
48	42		8
49	43		9
50	44		10
51	45		11
52	46		12
53	47		13
54	48		14
55	49		15
56	50		16
57	51		17
58	52		18
59	53		19
60	54		20
61	55		21
62	56		22
63	57		23
64	58		24
65	59		25
66	60		26
67	61		27
68		-	28 HB144 ~~EnrolledHB144 Enrolled~~
	62	+	28 HB144 INTRODUCEDHB144 INTRODUCED
69	63		Page 2
	64	+	or witness shall inform the appropriate court of his or her
	65	+	need for an interpreter immediately upon receiving notice to
	66	+	appear in the court.
	67	+	(3) If the court determines that due process
	68	+	considerations require an interpreter, the court shall appoint
	69	+	a qualified person to interpret the proceedings for the
	70	+	defendant, juvenile, complainant, petitioner, or witness
	71	+	requesting assistance. The interpreter shall also interpret
	72	+	the testimony or statements of the defendant, juvenile,
70	73		complainant, petitioner, or witness, and, where applicable,
71	74		assist in communications with counsel.
72	75		(4) If the court has reason to believe that the
73	76		defendant, juvenile, complainant, petitioner, or witness
74	77		requesting an interpreter is capable of speaking and
75	78		understanding the English language, the court may require that
76	79		the requestor provide reasonable proof to the court of his or
77	80		her inability to speak or understand the English language.
78	81		(b) Upon appointment, an interpreter shall swear under
79	82		oath that he or she will render a true and clear
80	83		interpretation to the best of his or her skill and judgment.
81	84		(c) The relations and communications between an
82	85		appointed interpreter and the requestor are placed on the same
83	86		basis as those provided by law between attorney and client.
84	87		Any information obtained by an interpreter from the requestor
85	88		pertaining to any proceeding then pending shall at all times
86	89		remain confidential and privileged, unless the requestor
87	90		expresses a desire that the information be communicated to
88	91		another person.
89		-	(d) An interpreter appointed pursuant to this section
90		-	shall be entitled to a fee in an amount calculated according
91		-	to a fee schedule established by the Administrative Director
92		-	of Courts with the advice and consent of the state Comptroller
93		-	for his or her services. The fee shall be in addition to
94		-	actual expenses for travel and transportation. If the
95		-	interpreter is appointed by a district, circuit, or appellate
96		-	court the interpreter shall submit his or her expenses to the
97		-	judge making the appointment for approval. After approval, the
98	92		29
99	93		30
100	94		31
101	95		32
102	96		33
103	97		34
104	98		35
105	99		36
106	100		37
107	101		38
108	102		39
109	103		40
110	104		41
111	105		42
112	106		43
113	107		44
114	108		45
115	109		46
116	110		47
117	111		48
118	112		49
119	113		50
120	114		51
121	115		52
122	116		53
123	117		54
124	118		55
125		-	56 HB144 ~~EnrolledHB144 Enrolled~~
	119	+	56 HB144 INTRODUCEDHB144 INTRODUCED
126	120		Page 3
	121	+	(d) An interpreter appointed pursuant to this section
	122	+	shall be entitled to a fee in an amount calculated according
	123	+	to a fee schedule established by the Administrative Director
	124	+	of Courts with the advice and consent of the state Comptroller
	125	+	for his or her services. The fee shall be in addition to
	126	+	actual expenses for travel and transportation. If the
	127	+	interpreter is appointed by a district, circuit, or appellate
	128	+	court the interpreter shall submit his or her expenses to the
	129	+	judge making the appointment for approval. After approval, the
127	130		clerk of the court shall forward the expenses of the
128	131		interpreter to the state Comptroller to be paid from the fund
129	132		within the State General Fund known as "court assessed costs
130	133		not provided for." If the interpreter is appointed by another
131	134		authority, the fee shall be paid out of funds available to
132	135		that appointing authority. Nothing in this section shall
133	136		prohibit the court from taxing the costs of the interpreter
134	137		against one or more of the parties for immediate payment or
135	138		from requiring reimbursement to the state at a later date.
136	139		(e)(1) An individual may become certified as an
137	140		interpreter after successfully passing an interpretation test
138	141		created and administered by the Administrative Office of
139	142		Courts, or an entity approved by the Administrative Office of
140	143		Courts.
141	144		(2) The Administrative Office of Courts may establish a
142	145		mandatory certification fee, paid by the individual seeking
143	146		certification, to cover the costs of developing,
144	147		administering, and grading the interpretation test.
145	148		(3) The Administrative Office of Courts may use the
146		-	funds collected from the certification fee to pay any costs
147		-	associated with the development, administration, or grading of
148		-	the interpretation test.
149		-	(4) The fees shall be deposited in the State Judicial
150		-	Administration Fund established in Section 12-19-310. "
151		-	Section 2. This act shall become effective on the first
152		-	day of the third month following its passage and approval by
153		-	the Governor, or its otherwise becoming law.
154	149		57
155	150		58
156	151		59
157	152		60
158	153		61
159	154		62
160	155		63
161	156		64
162	157		65
163	158		66
164	159		67
165	160		68
166	161		69
167	162		70
168	163		71
169	164		72
170	165		73
171	166		74
172	167		75
173	168		76
174	169		77
175	170		78
176	171		79
177	172		80
178	173		81
179	174		82
180		-	83 HB144 EnrolledHB144 Enrolled
	175	+	83
	176	+	84 HB144 INTRODUCEDHB144 INTRODUCED
181	177		Page 4
182		-	________________________________________________
183		-	Speaker of the House of Representatives
184		-	________________________________________________
185		-	President and Presiding Officer of the Senate
186		-	House of Representatives
187		-	I hereby certify that the within Act originated in and
188		-	was passed by the House 11-Apr-23.
189		-	John Treadwell
190		-	Clerk
191		-	Senate 27-Apr-23 Passed
192		-	84
	178	+	funds collected from the certification fee to pay any costs
	179	+	associated with the development, administration, or grading of
	180	+	the interpretation test.
	181	+	(4) The fees shall be deposited in the State Judicial
	182	+	Administration Fund established in Section 12-19-310. "
	183	+	Section 2. This act shall become effective on the first
	184	+	day of the third month following its passage and approval by
	185	+	the Governor, or its otherwise becoming law.
193	186		85
194	187		86
195	188		87
196	189		88
197	190		89
198	191		90
199	192		91
200	193		92
201		-	93
202		-	94
203		-	95
204		-	96
205		-	97
206		-	98
207		-	99
208		-	100
209		-	101
210		-	102
211		-	103
212		-	104
213		-	105
214		-	106
215		-	107
216		-	108
217		-	109