2014 – S 2549
Enacted 06/09/14
A N A C T
Introduced By: Senators McCaffrey, Lombardi, Archambault, and Ciccone
Date Introduced: February 27, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 8-19-1, 8-19-2, 8-19-3, 8-19-4 and 8-19-5 of the General Laws in Chapter 8-19 entitled "Language Interpreters - Use of Language Interpreters in Legal Proceedings" are hereby amended to read as follows:
8-19-1. Legislative declaration -- Intent. --
(a) It is hereby declared to be the policy of the state of Rhode Island to
guarantee the rights of persons who, because of a non-English speaking
background, are unable to readily understand or communicate in the English
language, and who consequently need the assistance of an interpreter to be
fully protected in legal proceedings in criminal
matters before the Rhode Island superior court, the
Rhode Island district court, and in juvenile matters in the Rhode Island family
court unified state court system.
Court interpretation requires not only a full command of two (2) languages, but
also a knowledge of courtroom procedure, legal vocabulary, the overall court
and legal systems, and an understanding that the role of an interpreter
consists not of abridging or editorializing, but of exactly interpreting every
word that is spoken without emendation or amendment.
(b) It is the intent of the
legislature, by the enactment of this chapter, to provide interpreters to non-English speaking limited-English-proficient
persons in criminal proceedings before
the state courts in Rhode Island and to establish a procedure for the
certification and appointment of interpreters.
8-19-2. Definitions. -- As used in this chapter:
(1) A "non-English
speaking person" "limited-English-proficient"
means any person who can not readily speak or
understand the English language and whose native language is either Spanish,
Portuguese, Cape Verdean or Cambodian. Hearing impaired persons covered under
section 8-5-8 are not included in this definition whose primary language is not English and who does not have
the ability to adequately understand or communicate effectively in English.
(2) A "qualified
interpreter" is a person who through experience
and training is able to translate a particular foreign language into English
is able to interpret simultaneously and
consecutively and sight translate from English into a foreign language and from
said language into English but who does
not have a state certification is not
certified pursuant to this chapter.
(3) A "state certified interpreter" is one who is able to
interpret simultaneously and consecutively and sight translate from English to
the language of the person needing an interpreter, and from said language to
English, and who has been certified pursuant to the provision of section
§8-19-5.
(4) "Legal proceedings"
means any criminal proceeding in the
Rhode Island superior court, Rhode Island district
court, or in juvenile matters before the Rhode Island family court state court system.
(5) "Appointing authority"
means the judicial officer presiding at any of the
a legal proceedings
defined in this section and pursuant to the rules and regulations set forth by
the administrative office of state courts proceeding.
8-19-3. Appointment of state certified or qualified
interpreters. -- (a) When a non-English
speaking limited-English-proficient
person is a party, or the parent or legal guardian
of a party, to a defined legal
proceeding, or an alleged victim in a criminal
proceeding, the appointing authority shall, in the absence of written waiver by such person, appoint a state certified interpreter to assist such person
during the legal proceeding. Pursuant to section
8-19-5, the state department of higher education and the The state court administrator's office shall
maintain a list of Rhode Island state
certified and qualified interpreters
from which the appointing authority shall make its appointments.
(b) The appointing authority may
appoint a qualified interpreter in place of a state
certified interpreter when:
(1) A good-faith effort has
been made to locate and obtain the services of a state
certified interpreter and one is not available; and
(2) The appointing authority makes a
finding that the proposed qualified interpreter appears to have adequate
language skills,; knowledge of interpreting techniques,;
familiarity with interpreting in a court or hearing,; and that
he/she has read, understands, and will abide by an established code of ethics
for language interpreters pursuant to this chapter; and
(3) The proceeding is one of a preliminary nature and of a short duration. Proceedings of a preliminary nature may include but not be limited to:
(i) Arraignments;
(ii) Costs, restitution, and/or fine reviews;
(iii) Probation reviews;
(iv) Preliminary hearings on pretrial motions; and
(v) Appearances before the court on bench warrants or arrest warrants.
(c) If any relationship between the interpreter and any of the parties, attorneys, witnesses, victims, or any other persons involved in the proceeding exists, the nature of that relationship shall be disclosed to the appointing authority on the record and the appointing authority may in its discretion excuse the interpreter from said proceeding.
8-19-4. Compensation of interpreters. --
Interpreters appointed pursuant to this chapter shall be paid by the state in
accordance with a fee schedule which that shall be established by
the supreme court. The state court administrator is hereby empowered to
establish policies and procedures governing the appointment, service,
and payment of interpreters appointed under this chapter and is further
empowered to enter into service contracts with state
certified and qualified interpreters. Qualified interpreters shall be paid in the same manner as
certified interpreters for each proceeding in which their interpreting services
are used.
8-19-5. Certification of interpreters -- Establishment and
procedure. -- The state department of
higher education in cooperation with the administrative
office of state courts, with the approval of the supreme court,
shall promulgate regulations which establish
standards, criteria, and testing methods for the certification of foreign
language interpreters under this chapter. The regulations promulgated shall
address but not be limited to:
(1) Developing testing procedures for
proficiency in the foreign language for which the interpreter is seeking
certification.;
(2) Developing testing procedures for
proficiency in the English language.;
(3) Developing testing procedures for
knowledge of legal proceedings and legal terminologies.;
(4) Developing standards for the
approval of courses and/or curricula at colleges and universities and other
institutes of higher learning who that wish to offer courses in
foreign language interpreting.;
(5) Establishing minimum competency
requirements for state certification as a foreign language interpreter.;
(6) Establishing re-certification
procedures and continuing educational requirements for state certified and
qualified interpreters.;
(7) Establishing procedures for the
termination, cancellation, or suspension of certificates issued to
foreign language interpreters under this chapter.;
(8) Establishing a code of ethics for
foreign language interpreters.;
(9) Establishing procedures for the granting of waivers for recognition of foreign language interpreters who have been
certified in other states or by the federal court.;
(10) Establishing a procedure for the
compilation and maintenance of statistics on the frequency and use of foreign
language interpreters appointed under this chapter and the need for foreign
language interpreters in other languages.; and
(11) Establishing a procedure for the
creation of a list of the names and addresses contact information of all state certified interpreters and qualified
interpreters and making said list available to the
state court administrator and to all courts covered by this chapter.
SECTION 2. This act shall take effect upon passage.
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LC003989
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