2019 Regular Session ENROLLED SENATE BILL NO. 71 BY SENATOR CARTER Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 1 AN ACT 2 To amend and reenact Code of Civil Procedure Art. 192.2 and to amend and reenact R.S. 3 46:2134(A), relative to interpreters in certain civil proceedings; to provide for 4 appointment of an interpreter for a non-English-speaking person who is a principal 5 party in interest or a witness; to provide relative to the appointment of an interpreter 6 in civil protective order proceedings before the court; to provide relative to costs; to 7 provide for procedures and conditions; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. Code of Civil Procedure Art. 192.2 is hereby amended and reenacted to 10 read as follows: 11 Art. 192.2. Appointment of interpreter for non-English-speaking persons 12 A. If a non-English-speaking person who is a principal party in interest or a 13 witness in a proceeding before the court has requested an interpreter, a judge shall 14 appoint, after consultation with the non-English-speaking person or his attorney, a 15 competent interpreter to interpret or to translate the proceedings to him and to 16 interpret or translate his testimony. 17 B. The court shall order reimbursement payment to the interpreter for his 18 services at a fixed reasonable amount, and that amount shall be taxed by the court as 19 costs of court paid out of the appropriate court fund, except as provided in 20 Paragraph C. The amount paid out of the fund may be taxed by the court as 21 costs of court to be reimbursed to the fund. 22 C. In a proceeding alleging abuse under R.S. 46:2134 et seq., an 23 interpreter if necessary shall be appointed prior to a rule to show cause hearing. Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 71 ENROLLED 1 Section 2. R.S. 46:2134 (A) is hereby amended and reenacted to read as follows: 2 ยง2134. Petition 3 A. A petition filed under the provisions of this Part shall contain the 4 following: 5 (1) The name of each petitioner and each person on whose behalf the petition 6 is filed, and the name, address, and parish of residence of each individual alleged to 7 have committed abuse, if known; if the petition is being filed on behalf of a child or 8 person alleged to be incompetent, the relationship between that person and the 9 petitioner. 10 (2) The facts and circumstances concerning the alleged abuse. 11 (3) The relationship between each petitioner and each individual alleged to 12 have committed abuse. 13 (4) A request for one or more protective orders. 14 (5) If desired, a request for a competent interpreter for a non-English- 15 speaking principal party or witness to the proceeding. 16 * * * 17 Section 3. This Act shall become effective upon signature by the governor or, if not 18 signed by the governor, upon expiration of the time for bills to become law without signature 19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 20 vetoed by the governor and subsequently approved by the legislature, this Act shall become 21 effective on the day following such approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.