California Assembly Bill AB1127 Amended / Bill

 BILL NUMBER: AB 1127AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 2, 2013 AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Chau FEBRUARY 22, 2013 An act to add Section 68567 to the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGEST AB 1127, as amended, Chau. Courts: California Language Access Task Force. 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 for establishing these programs and examinations through the normal budgetary process. This bill would, on or before March 1, 2014, require the Judicial Council to establish the California Language Access Task Force,  as specified,  which would be responsible for developing a comprehensive statewide Language Access Plan (LAP) for use by courts to address the needs of  all  limited-English-proficient individuals    in conformance with state and federal law  . The bill would require the task force to, among other things, establish standards for meaningful and timely  access to   provision of  language services in all court proceedings and at all public points of contact within the courts, and to establish a statewide plan to provide for the translation of court documents using competent and qualified interpreters.  The bill would require the Judicial Council to adopt a statewide LAP on or before   December 31, 2014.  The bill would also make related legislative findings and declarations. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares the following: (a) California is one of the most linguistically diverse states in the nation. As language diversity continues to increase, there is a greater need to ensure that all Californians have meaningful access to the court system. (b) There continues to be a need to expand and improve California' s ability to provide language assistance within the judicial system. (c) Currently, California has not developed a statewide plan to address the needs of limited-English-proficient individuals in all court proceedings and at all public points of contact within our courts. SEC. 2. Section 68567 is added to the Government Code, to read: 68567. (a) On or before March 1, 2014, the Judicial Council shall establish the California Language Access Task Force, which shall be responsible for developing a comprehensive statewide Language Access Plan (LAP) for use by courts to address the needs of  all  limited-English-proficient individuals    in conformance with state and federal law  .  (b) The task force shall include court executive officers, presiding judges, interpreter coordinators, interpreters, at least two of whom shall be nominated by an exclusive representative of interpreter employees, representatives of legal services organizations and organizations representing individuals with limited English proficiency, and others the Judicial Council determines necessary. The task force shall also include a representative from a rural community in order to highlight the particular challenges of providing court interpreter services in rural communities.   (b)   (c)  In developing the LAP, the task force shall do all of the following: (1) Establish standards for meaningful and timely  access to   provision of  language services in all court proceedings and at all public points of contact within the courts. (2) Establish procedures for gathering comprehensive data on the language access needs of court users, including, but not limited to, providing a means of registering an individual's language needs in court documents. These procedures should provide metrics on the need for interpreter services in court proceedings and ancillary programs and services. (3) Review current court interpreter procedures and recommend improvements or additional procedures to provide the most competent interpreter services to limited-English-proficient court users and to ensure compliance with Rule 2.890 of the California Rules of Court. (4) Review current court procedures and recommend improvements or additional procedures to maximize existing language resources, including bilingual staff, court interpreters, translators, and other resources shared among courts to expand access to language services at all public points of contact within the courts. (5) Review current practices and develop strategies to provide interpreter services that comply with the Trial Court Interpreter Employment and Labor Relations Act  (Chapter 7.5 (commencing with Section 71800) of Title 8)  in all court proceedings. The review may include the evaluation of any programs providing interpreters in domestic violence cases or other civil cases, including any pilot projects. (6) Establish a statewide plan to provide for the translation of court documents using competent and qualified interpreters. (7) Establish a plan to provide education and training to judicial officers, court personnel, and court-appointed professionals on the legal requirements for language access, court policies and rules pertaining to language access, language service provider qualifications, ethics pertaining to interpreter services, the effective use of translated court documents, and effective techniques for working with language service providers. (8) Review and consider the American Bar Association's Standards for Language Access in Courts, as adopted February 2012.  (9) The Judicial Council shall adopt a statewide LAP on or before December 31, 2014.