CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1155Introduced by Senator HuesoFebruary 14, 2018 An act to amend Section 116.550 of the Code of Civil Procedure, and to amend Section 68560.5 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTSB 1155, as introduced, Hueso. Court interpreters: small claims proceedings.Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Existing law requires, except for good cause, as specified, a person who interprets in a court proceeding, as defined, using a language designated by the Judicial Council, to be a certified court interpreter for the language used. Existing law specifically excludes a small claims proceeding from the definition of a court proceeding for purposes of that requirement.Existing law authorizes a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. Existing law requires each small claims court to make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions, as specified.This bill would delete the requirement that each small claims court make a reasonable effort to maintain and make available to the parties a list of interpreters and would instead authorize the court to appoint an interpreter for that party if the court makes the above-described determination. The bill would also extend the requirement to use certified court interpreters to small claims proceedings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 116.550 of the Code of Civil Procedure is amended to read:116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.SEC. 2. Section 68560.5 of the Government Code is amended to read:68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1155Introduced by Senator HuesoFebruary 14, 2018 An act to amend Section 116.550 of the Code of Civil Procedure, and to amend Section 68560.5 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTSB 1155, as introduced, Hueso. Court interpreters: small claims proceedings.Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Existing law requires, except for good cause, as specified, a person who interprets in a court proceeding, as defined, using a language designated by the Judicial Council, to be a certified court interpreter for the language used. Existing law specifically excludes a small claims proceeding from the definition of a court proceeding for purposes of that requirement.Existing law authorizes a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. Existing law requires each small claims court to make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions, as specified.This bill would delete the requirement that each small claims court make a reasonable effort to maintain and make available to the parties a list of interpreters and would instead authorize the court to appoint an interpreter for that party if the court makes the above-described determination. The bill would also extend the requirement to use certified court interpreters to small claims proceedings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1155
Introduced by Senator HuesoFebruary 14, 2018
Introduced by Senator Hueso
February 14, 2018
An act to amend Section 116.550 of the Code of Civil Procedure, and to amend Section 68560.5 of the Government Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1155, as introduced, Hueso. Court interpreters: small claims proceedings.
Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Existing law requires, except for good cause, as specified, a person who interprets in a court proceeding, as defined, using a language designated by the Judicial Council, to be a certified court interpreter for the language used. Existing law specifically excludes a small claims proceeding from the definition of a court proceeding for purposes of that requirement.Existing law authorizes a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. Existing law requires each small claims court to make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions, as specified.This bill would delete the requirement that each small claims court make a reasonable effort to maintain and make available to the parties a list of interpreters and would instead authorize the court to appoint an interpreter for that party if the court makes the above-described determination. The bill would also extend the requirement to use certified court interpreters to small claims proceedings.
Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established. Existing law requires, except for good cause, as specified, a person who interprets in a court proceeding, as defined, using a language designated by the Judicial Council, to be a certified court interpreter for the language used. Existing law specifically excludes a small claims proceeding from the definition of a court proceeding for purposes of that requirement.
Existing law authorizes a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. Existing law requires each small claims court to make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions, as specified.
This bill would delete the requirement that each small claims court make a reasonable effort to maintain and make available to the parties a list of interpreters and would instead authorize the court to appoint an interpreter for that party if the court makes the above-described determination. The bill would also extend the requirement to use certified court interpreters to small claims proceedings.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 116.550 of the Code of Civil Procedure is amended to read:116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.SEC. 2. Section 68560.5 of the Government Code is amended to read:68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 116.550 of the Code of Civil Procedure is amended to read:116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.
SECTION 1. Section 116.550 of the Code of Civil Procedure is amended to read:
### SECTION 1.
116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.
116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.
116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.
116.550. (a)If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance in so doing, the court may permit another individual (other than an attorney) to assist that party. appoint an interpreter for that party. The requirements of Section 68561 apply of the Government Code to the appointment of interpreters in small claims proceedings.
(b)Each small claims court shall make a reasonable effort to maintain and make available to the parties a list of interpreters who are able and willing to aid parties in small claims actions either for no fee, or for a fee which is reasonable considering the nature and complexity of the claims. The list shall include interpreters for all languages that require interpretation before the court, as determined by the court in its discretion and in view of the courts experience.
(c)Failure to maintain a list of interpreters, or failure to include an interpreter for a particular language, shall not invalidate any proceedings before the court.
(d)If a court interpreter or other competent interpreter is not available to aid a party in a small claims action, at the first hearing of the case the court shall postpone the hearing one time only to allow the party the opportunity to obtain another individual (other than an attorney) to assist that party. Any additional continuances shall be at the discretion of the court.
SEC. 2. Section 68560.5 of the Government Code is amended to read:68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
SEC. 2. Section 68560.5 of the Government Code is amended to read:
### SEC. 2.
68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
68560.5. As used in this article:(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.
68560.5. As used in this article:
(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record. However, court proceeding does not include a small claims proceeding.
(b) Interpreter does not include an interpreter qualified under Section 754 of the Evidence Code to interpret for deaf or hard-of-hearing persons, or an interpreter qualified for administrative hearings or noncourt settings under Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2.