California 2017-2018 Regular Session

California Senate Bill SB1155 Compare Versions

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Version 2 (New)

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1		-	Senate Bill No. ~~1155 CHAPTER 852~~ An act to repeal Section 116.550 of the Code of Civil Procedure and to amend Section 68560.5 of the Government Code, relating to courts. ~~[ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 1155, 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.This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.This bill would repeal that authorization and those requirements.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 Section 116.550 of the Code of Civil Procedure is repealed.SEC. 2.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.(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.
	1	+	Enrolled September 07, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 20, 2018 Amended IN Assembly June 27, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1155Introduced by Senator Hueso(Coauthor: Assembly Member Gonzalez Fletcher)February 14, 2018 An act to repeal 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, 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.This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.This bill would repeal that authorization and those requirements.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 repealed.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.(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.
2	2
3		-	Senate Bill No. 1155 CHAPTER 852 An act to repeal Section 116.550 of the Code of Civil Procedure and to amend Section 68560.5 of the Government Code, relating to courts. [ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1155, 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.This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.This bill would repeal that authorization and those requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 07, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 20, 2018 Amended IN Assembly June 27, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1155Introduced by Senator Hueso(Coauthor: Assembly Member Gonzalez Fletcher)February 14, 2018 An act to repeal 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, 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.This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.This bill would repeal that authorization and those requirements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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	5	+	Enrolled September 07, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 30, 2018 Amended IN Assembly August 20, 2018 Amended IN Assembly June 27, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 02, 2018
	6	+
	7	+	Enrolled September 07, 2018
	8	+	Passed IN Senate August 31, 2018
	9	+	Passed IN Assembly August 30, 2018
	10	+	Amended IN Assembly August 20, 2018
	11	+	Amended IN Assembly June 27, 2018
	12	+	Amended IN Senate April 30, 2018
	13	+	Amended IN Senate April 02, 2018
	14	+
	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	17		Senate Bill No. 1155
6		-	CHAPTER 852
	18	+
	19	+	Introduced by Senator Hueso(Coauthor: Assembly Member Gonzalez Fletcher)February 14, 2018
	20	+
	21	+	Introduced by Senator Hueso(Coauthor: Assembly Member Gonzalez Fletcher)
	22	+	February 14, 2018
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8	24		An act to repeal Section 116.550 of the Code of Civil Procedure and to amend Section 68560.5 of the Government Code, relating to courts.
9		-
10		-	[ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ]
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12	26		LEGISLATIVE COUNSEL'S DIGEST
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14	28		## LEGISLATIVE COUNSEL'S DIGEST
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16	30		SB 1155, Hueso. Court interpreters: small claims proceedings.
17	31
18	32		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.This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.This bill would repeal that authorization and those requirements.
19	33
20	34		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.
21	35
22	36		This bill would delete the provision excluding small claims proceedings from the definition of a court proceeding for purposes of the requirement to use certified court interpreters and thereby extend that requirement to small claims proceedings.
23	37
24	38		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. Existing law requires, if a court interpreter or other competent interpreter is not available to aid a party in a small claims action, the court to postpone the hearing, at the first hearing of the case, one time only to allow the party the opportunity to obtain another individual, other than an attorney, to assist that party.
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26	40		This bill would repeal that authorization and those requirements.
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28	42		## Digest Key
29	43
30	44		## Bill Text
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32	46		The people of the State of California do enact as follows:SECTION 1. Section 116.550 of the Code of Civil Procedure is repealed.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.(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.
33	47
34	48		The people of the State of California do enact as follows:
35	49
36	50		## The people of the State of California do enact as follows:
37	51
38	52		SECTION 1. Section 116.550 of the Code of Civil Procedure is repealed.
39	53
40	54		SECTION 1. Section 116.550 of the Code of Civil Procedure is repealed.
41	55
42	56		### SECTION 1.
43	57
44	58
45	59
46	60		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.(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.
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48	62		SEC. 2. Section 68560.5 of the Government Code is amended to read:
49	63
50	64		### SEC. 2.
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52	66		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.(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.
53	67
54	68		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.(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.
55	69
56	70		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.(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.
57	71
58	72
59	73
60	74		68560.5. As used in this article:
61	75
62	76		(a) Court proceeding means a civil, criminal, or juvenile proceeding, or a deposition in a civil case filed in a court of record.
63	77
64	78		(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.