BILL NUMBER: AB 618INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Furutani FEBRUARY 16, 2011 An act to add Article 4.5 (commencing with Section 68570) to Chapter 2 of Title 8 of the Government Code, relating to the courts. LEGISLATIVE COUNSEL'S DIGEST AB 618, as introduced, Furutani. Court interpreters. Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and establishing these programs and examinations through the normal budgetary process. This bill would set forth legislative findings and declarations relating to ensuring an adequate supply of court interpreters without sacrificing essential standards for certification. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) California is one of the most linguistically diverse states in the nation. As language diversity in California continues to increase, there continues to be a decline in the availability of qualified court interpreters in the state courts. As a result, the state faces a persistent shortage of professionally certified interpreters, which threatens the state's ability to ensure access to justice and equality under the law for all court users, including parties, witnesses, and victims. (b) Court interpreter services in criminal matters are a right -- not a privilege -- guaranteed by the United States and California Constitutions and statutory law. These services not only assist the defendant in a criminal matter, but also witnesses and victims, prosecutors, defense attorneys, and law enforcement. (c) The consequences of not having sufficiently qualified interpreters in the courts are well documented and can lead to costly mistakes, not only for the parties to a proceeding resulting in wrongful or erroneous decisions, but also the court system in terms of delay, waste, and duplication of proceedings relating to these avoidable errors. (d) Meeting the legal equivalence standard in interpreting court proceedings is an extremely difficult task that demands a high level of language proficiency in two languages as well as specialized cognitive and interpreting skills. Individuals who possess the necessary proficiency and skill level to be court interpreters are a scarce resource. Ensuring an adequate supply of court interpreters can and must be accomplished without sacrificing essential standards for certification. SEC. 2. Article 4.5 (commencing with Section 68570) is added to Chapter 2 of Title 8 of the Government Code, to read: Article 4.5. California Language Access Bill of Rights 68570. This article shall be known, and may be cited, as the California Language Access Bill of Rights.