act-2006-0-172•Pennsylvania Act 2006-172 — ADMINISTRATIVE LAW AND PROCEDURE (2 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - COURT AND ADMINISTRATIVE PROCEEDINGS INTERPRETERS
Pennsylvania Act 2006-172 — ADMINISTRATIVE LAW AND PROCEDURE (2 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - COURT AND ADMINISTRATIVE PROCEEDINGS INTERPRETERS
act-2006-0-1722006 Pa. Act 172Law
Act text
ADMINISTRATIVE LAW AND PROCEDURE (2 PA.C.S.) AND JUDICIAL CODE
(42 PA.C.S.) - COURT AND ADMINISTRATIVE PROCEEDINGS INTERPRETERS
Act of Nov. 29, 2006, P.L. 1538, No. 172 Cl. 02
Session of 2006
No. 2006-172
SB 669
AN ACT
Amending Titles 2 (Administrative Law and Procedure) and 42
(Judiciary and Judicial Procedure) of the Pennsylvania
Consolidated Statutes, providing for court and administrative
proceeding interpreters; and repealing related provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 101 of Title 2 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 101. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Adjudication." Any final order, decree, decision,
determination or ruling by an agency affecting personal or
property rights, privileges, immunities, duties, liabilities or
obligations of any or all of the parties to the proceeding in
which the adjudication is made. The term does not include any
order based upon a proceeding before a court or which involves
the seizure or forfeiture of property, paroles, pardons or
releases from mental institutions.
"Administrative proceeding." Any proceeding other than a
judicial proceeding, the outcome of which is required to be
based on a record or documentation prescribed by law or in which
law or regulation is particularized in application to
individuals. The term includes an appeal.
"Agency." A government agency.
"Appeal." Includes proceedings on petition for review.
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) either:
(i) is certified by the Department of Labor and
Industry in accordance with Subchapter C (relating to
administrative proceeding interpreters for persons with
limited English proficiency); or
(ii) is certified by the Department of Labor and
Industry in accordance with Subchapter D (relating to
administrative proceeding interpreters for persons who
are deaf) of Chapter 5 or is registered with the
department pursuant to the act of July 2, 2004 (P.L.492,
No.57), known as the Sign Language Interpreter and
Transliterator State Registration Act.
"Commonwealth agency." Any executive agency or independent
agency.
"Commonwealth government." The government of the
Commonwealth, including the courts and other officers or
agencies of the unified judicial system, the General Assembly,
and its officers and agencies, the Governor, and the
departments, boards, commissions, authorities and officers and
agencies of the Commonwealth, but the term does not include any
political subdivision, municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Court Administrator of Pennsylvania." The court
administrator appointed by the Supreme Court under section 10(b)
of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.
§ 1901 (relating to Court Administrator of Pennsylvania).
"Deaf." An impairment of hearing or speech which creates an
inability to understand or communicate the spoken English
language.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Executive agency." The Governor and the departments,
boards, commissions, authorities and other officers and agencies
of the Commonwealth government, but the term does not include
any court or other officer or agency of the unified judicial
system, the General Assembly and its officers and agencies, or
any independent agency.
"General rule." As defined in 42 Pa.C.S. § 102 (relating to
definitions).
"Government agency." Any Commonwealth agency or any
political subdivision or municipal or other local authority, or
any officer or agency of any such political subdivision or local
authority.
"Government unit." The General Assembly and its officers and
agencies, any government agency or any court or other officer or
agency of the unified judicial system.
"Independent agency." Boards, commissions, authorities and
other agencies and officers of the Commonwealth government which
are not subject to the policy supervision and control of the
Governor, but the term does not include any court or other
officer or agency of the unified judicial system or the General
Assembly and its officers and agencies.
"Interpret." Either one of the following:
(1) For purposes of Subchapter C of Chapter 5 (relating
to administrative proceeding interpreters for persons with
limited English proficiency), to convey spoken and written
English into the language of the person with limited English
proficiency and to convey oral and written statements by the
person into spoken English.
(2) For purposes of Subchapter D of Chapter 5 (relating
to administrative proceeding interpreters for persons who are
deaf), to convey spoken English in a manner understood by the
person who is deaf and to convey statements made by the
person who is deaf into English through, but not limited to,
American Sign Language and transliteration or the use of
computer-aided real-time captioning (CART) or similar
procedure.
"Interpreter." Includes both a certified interpreter and an
otherwise qualified interpreter.
"Judicial proceeding." An "action," "appeal" or "proceeding"
in any "court" of this Commonwealth as those terms are defined
in 42 Pa.C.S. § 102 (relating to definitions).
"Limited ability to speak or understand English." The
ability to speak exclusively or primarily a language other than
English and the inability to sufficiently speak or understand
English.
"Local agency." A government agency other than a
Commonwealth agency.
"Matter." Action, proceeding or appeal.
"Otherwise qualified interpreter." A person who:
(1) For purposes of Subchapter C of Chapter 5 (relating
to administrative proceeding interpreters for persons with
limited English proficiency):
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons with limited English
proficiency as established by the Department of Labor and
Industry in accordance with Subchapter C of Chapter 5.
(2) For purposes of Subchapter D of Chapter 5 (relating
to administrative proceeding interpreters for persons who are
deaf):
(i) is readily able to interpret;
(ii) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or
similar registry; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons who are deaf as
established by the Department of Labor and Industry in
accordance with Subchapter D of Chapter 5.
"Party." Any person who appears in a proceeding before an
agency who has a direct interest in the subject matter of such
proceeding.
"Person." Includes a government unit or an agency of the
Federal Government.
"Person who is deaf." A party or witness who is deaf.
"Person with limited English proficiency." A party or a
witness who has limited ability to speak or understand English.
"Presiding officer." An individual appointed by an agency to
preside at an administrative proceeding.
"Transliteration." To convey spoken or written English in an
English-based sign system and the process of conveying an
English-based sign system in spoken or written English.
"Witness." A person who testifies in a proceeding before an
agency.
Section 2. Section 505.1 of Title 2 is amended to read:
[§ 505.1. Interpreters for the deaf.
(a) Appointment.--In any proceeding before a Commonwealth
agency in which a party is deaf the agency shall appoint an
interpreter to assist the party throughout the proceeding.
(b) Oath.--The interpreter shall swear or affirm that he
will make a true interpretation to the deaf person and that he
will repeat the statements of the deaf person to the best of his
ability.
(c) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Deaf." Persons who are deaf or whose hearing is so impaired
that they are unable to understand or communicate the spoken
English language.
"Interpreter." A person qualified and trained to translate
for or communicate with deaf persons. Any person certified by
the National or Local Registry of Interpreters for the Deaf or
similar registry shall be considered qualified for the purposes
of this section.]
Section 3. Chapter 5 of Title 2 is amended by adding
subchapters to read:
SUBCHAPTER C
ADMINISTRATIVE PROCEEDING INTERPRETERS
FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
Sec.
561. Scope of subchapter.
562. Duties of department.
563. Appointment of interpreter.
564. Replacement of interpreter.
565. Oath.
566. Confidential communications in presence of interpreter.
567. Cost of providing interpreter.
568. Funding.
§ 561. Scope of subchapter.
(a) Commonwealth agencies.--Except as provided in subsection
(b), this subchapter applies to all Commonwealth agencies.
(b) Exception.--This subchapter does not apply to:
(1) Proceedings before the Department of Revenue, the
Department of the Auditor General or the Board of Finance and
Revenue involving the original settlement, assessment or
determination or resettlement, reassessment or
redetermination, review or refund of taxes, interest or
payments made into the State Treasury.
(2) Proceedings before the Secretary of the Commonwealth
under the act of June 3, 1937 (P.L.1333, No.320), known as
the Pennsylvania Election Code.
(3) Proceedings before the Department of Transportation
involving matters reviewable under 42 Pa.C.S. § 933 (relating
to appeals from government agencies).
(4) Proceedings before the State System of Higher
Education involving student discipline.
(c) Local agencies.--This subchapter applies to all local
agencies.
§ 562. Duties of department.
(a) Interpreter program.--The department shall establish a
program to appoint and use certified interpreters in
administrative proceedings that is consistent with the program
established by the Administrative Office of Pennsylvania Courts
pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters).
As part of the program, the department may grant automatic
certification to any interpreter that has been certified
pursuant to 42 Pa.C.S. Ch. 44. To certify interpreters, the
department may establish a program which may include:
(1) establishing and administering a comprehensive
testing and certification program for interpreters;
(2) establishing and adopting standards of proficiency,
written and oral, in English and the language to be
interpreted, including, but not limited to, certification by
the Court Administrator of Pennsylvania as provided in 42
Pa.C.S. Ch. 44;
(3) conducting periodic examinations to ensure the
availability of certified interpreters pursuant to this
subchapter;
(4) prescribing, determining and certifying the
qualifications of persons who may serve as certified
interpreters for persons with limited English proficiency;
(5) charging reasonable fees, as deemed necessary, for
testing and certification;
(6) reciprocity of certification for interpreters from
other jurisdictions, provided that, in the judgment of the
department, the criteria for certification in the foreign
jurisdiction is at least as stringent as that established by
the department or the Court Administrator of Pennsylvania;
(7) providing for the audio recording of testimony that
is the subject of interpretation; and
(8) providing a continuing education requirement for
interpreters.
(b) List of certified interpreters.--The department shall
compile, maintain and disseminate a current list of interpreters
certified by the department to the agencies through any means
deemed appropriate by the department, including, but not limited
to, a written directory and publication on the official World
Wide Web site of the department.
(c) Guidelines for selection of otherwise qualified
interpreters.--The department shall provide guidelines to the
agencies for the selection and use of otherwise qualified
interpreters in order to ensure that the highest standards of
accuracy are maintained in all administrative proceedings
subject to this subchapter.
(d) Fee schedule.--The department shall prescribe, subject
to periodic review, a schedule of reasonable fees for services
rendered by certified interpreters and otherwise qualified
interpreters.
(e) Standards of professional conduct.--
(1) The department shall establish and adopt standards
for a code of professional conduct for administrative
proceeding interpreters for persons with limited English
proficiency.
(2) The department shall establish, administer or
recommend a process to review and respond to allegations of
violations of the code of professional conduct for
administrative proceeding interpreters for persons with
limited English proficiency, including, but not limited to,
decertification and other disciplinary measures.
(f) Certification by courts.--Any interpreter certified by
the Administrative Office of Pennsylvania Courts pursuant to 42
Pa.C.S. Ch. 44 shall be deemed certified pursuant to this
chapter.
§ 563. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request or
sua sponte, a presiding officer shall appoint a certified
interpreter, unless a certified interpreter is unavailable as
provided in subsection (b).
(b) Appointment of otherwise qualified interpreter when
certified interpreter is unavailable.--
(1) An otherwise qualified interpreter shall be
appointed by the presiding officer if a good faith effort was
made to obtain a certified interpreter and a certified
interpreter was not reasonably available, as determined by
the presiding officer.
(2) Prior to the appointment of an otherwise qualified
interpreter, the presiding officer shall state on the record
that the otherwise qualified interpreter:
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons with limited English
proficiency, as established by the department.
(c) Additional interpreters.--After consideration of the
length of the administrative proceeding and the number of
persons with limited English proficiency involved, a presiding
officer may appoint, as provided in subsections (a) and (b), an
additional interpreter or provide for additional interpretation
in a manner deemed appropriate by the presiding officer.
§ 564. Replacement of interpreter.
A presiding officer shall dismiss the interpreter and obtain
the services of another interpreter in accordance with this
subchapter if the interpreter:
(1) Fails to follow the standards prescribed by law or
by the code of professional conduct for administrative
proceeding interpreters for persons with limited English
proficiency.
(2) Is unable to effectively communicate with the
presiding officer or the person with limited English
proficiency, including where the interpreter self-reports
such inability.
§ 565. Oath.
Before the commencement of interpreter duties, an interpreter
appointed under this subchapter shall take an oath or make an
affirmation on the record that the interpreter will make a true
interpretation to the person with limited English proficiency in
the language which the person with limited English proficiency
understands and that the interpreter will repeat the statements
of the person with limited English proficiency to the court in
English to the best of the interpreter's skill and judgment and
in accordance with the code of professional conduct for
administrative proceeding interpreters for persons with limited
English proficiency.
§ 566. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter may not be
compelled to testify, in any judicial proceeding or
administrative proceeding, to statements made by the person with
limited English proficiency and interpreted by the interpreter
when the person with limited English proficiency is engaged in a
confidential communication as provided by any statute or general
rule, including, but not limited to:
(1) 42 Pa.C.S. § 5916 (relating to confidential
communications to attorney).
(2) 42 Pa.C.S. § 5928 (relating to confidential
communications to attorney).
(3) 42 Pa.C.S. § 5942 (relating to confidential
communications to news reporters).
(4) 42 Pa.C.S. § 5943 (relating to confidential
communications to clergymen).
(5) 42 Pa.C.S. § 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(6) 42 Pa.C.S. § 5945 (relating to confidential
communications to school personnel).
(7) 42 Pa.C.S. § 5945.1 (relating to confidential
communications with sexual assault counselors).
(8) 42 Pa.C.S. § 5945.2 (relating to confidential
communications to crime stopper or similar anticrime
program).
§ 567. Cost of providing interpreter.
An interpreter appointed in accordance with this subchapter
is entitled to a reasonable fee for interpreter services and
shall be reimbursed for actual and reasonable expenses by the
agency conducting the administrative proceeding.
§ 568. Funding.
Except as provided in section 567 (relating to cost of
providing interpreter), the General Assembly shall appropriate
to the department such sums as may be necessary to establish a
program to facilitate the use of interpreters and otherwise
fulfill the provisions of this subchapter. Implementation of
this section is contingent upon the availability of appropriated
funds to carry out the purposes of this section.
SUBCHAPTER D
ADMINISTRATIVE PROCEEDING INTERPRETERS
FOR PERSONS WHO ARE DEAF
Sec.
581. Scope of subchapter.
582. Duties of department.
583. Appointment of interpreter.
584. Replacement of interpreter.
585. Oath.
586. Confidential communications in presence of interpreter.
587. Cost of providing interpreter.
588. Funding.
§ 581. Scope of subchapter.
(a) Commonwealth agencies.--Except as provided in subsection
(b), this subchapter applies to all Commonwealth agencies.
(b) Exception.--This subchapter does not apply to:
(1) Proceedings before the Department of Revenue, the
Department of the Auditor General or the Board of Finance and
Revenue involving the original settlement, assessment or
determination or resettlement, reassessment or
redetermination, review or refund of taxes, interest or
payments made into the State Treasury.
(2) Proceedings before the Secretary of the Commonwealth
under the act of June 3, 1937 (P.L.1333, No.320), known as
the Pennsylvania Election Code.
(3) Proceedings before the Department of Transportation
involving matters reviewable under 42 Pa.C.S. § 933 (relating
to appeals from government agencies).
(4) Proceedings before the State System of Higher
Education involving student discipline.
(c) Local agencies.--This subchapter applies to all local
agencies.
§ 582. Duties of department.
(a) Interpreter program.--The department shall establish a
program to appoint and use certified interpreters in
administrative proceedings that is consistent with the program
established by the Administrative Office of Pennsylvania Courts
pursuant to 42 Pa.C.S. Ch. 44 (relating to court interpreters).
As part of the program, the department may grant automatic
certification to any interpreter that has been certified
pursuant to 42 Pa.C.S. Ch. 44. To certify interpreters, the
department may establish a program which may include:
(1) establishing and administering a comprehensive
testing and certification program for interpreters pursuant
to this subchapter;
(2) establishing and adopting standards of proficiency,
including, but not limited to, certification by the Court
Administrator of Pennsylvania as provided in 42 Pa.C.S. Ch.
44 and certification by the Registry for Interpreters for the
Deaf or similar registry;
(3) conducting periodic examinations to ensure the
availability of certified interpreters;
(4) prescribing, determining and certifying the
qualifications of persons who may serve as certified
interpreters;
(5) charging reasonable fees, as deemed necessary, for
testing and certification;
(6) reciprocity of certification for interpreters from
other jurisdictions, provided that, in the judgment of the
department, the criteria for certification in the foreign
jurisdiction is as least as stringent as that established by
the department or the Court Administrator of Pennsylvania;
(7) providing for the audio recording of testimony that
is the subject of interpretation; and
(8) providing a continuing education requirement for
interpreters.
(b) List of certified interpreters.--The department shall
compile, maintain and disseminate a current list of interpreters
certified by the department to the agencies through any means
deemed appropriate by the department, including, but not limited
to, a written directory and publication on the official World
Wide Web site of the department.
(c) Guidelines for selection of otherwise qualified
interpreters.--The department shall provide guidelines to the
agencies for the selection and use of otherwise qualified
interpreters in order to ensure that the highest standards of
accuracy are maintained in all administrative proceedings
subject to this subchapter.
(d) Fee schedule.--The department shall prescribe, subject
to periodic review, a schedule of reasonable fees for services
rendered by certified interpreters and otherwise qualified
interpreters.
(e) Standards of professional conduct.--
(1) The department shall establish and adopt standards
for a code of professional conduct for administrative
proceeding interpreters for persons who are deaf.
(2) The department shall establish, administer or
recommend a process to review and respond to allegations of
violations of the code of professional conduct for
administrative proceeding interpreters for persons who are
deaf, including, but not limited to, decertification and
other disciplinary measures.
(f) Certification by courts.--Any interpreter certified by
the Administrative Office of Pennsylvania Courts pursuant to 42
Pa.C.S. Ch. 44 shall be deemed certified pursuant to this
chapter.
§ 583. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request, a
presiding officer shall appoint a certified interpreter unless
the certified interpreter is unavailable as provided in
subsection (b).
(b) Appointment of otherwise qualified interpreter when
certified interpreter is unavailable.--
(1) An otherwise qualified interpreter shall be
appointed by a presiding officer if a good faith effort was
made to obtain a certified interpreter and a certified
interpreter was not reasonably available, as determined by
the presiding officer.
(2) Prior to the appointment of an otherwise qualified
interpreter, the presiding officer shall state on the record
that to the best of the knowledge of the presiding officer,
the otherwise qualified interpreter:
(i) is readily able to interpret;
(ii) is certified by the National Association for
the Deaf, the Registry of Interpreters for the Deaf or
similar registry, to the best of the knowledge of the
presiding officer; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for administrative
proceeding interpreters for persons who are deaf, as
established by the department.
(c) Additional interpreters.--After consideration of the
length of the administrative proceeding, the special needs of
the person who is deaf and the number of persons involved who
are deaf, the presiding officer may appoint, as provided in
subsections (a) and (b), an additional interpreter or provide
for additional interpretation in a manner deemed appropriate by
the presiding officer.
§ 584. Replacement of interpreter.
A presiding officer shall dismiss the interpreter and obtain
the services of another interpreter in accordance with this
subchapter if the interpreter:
(1) Fails to follow the standards prescribed by law or
by the code of professional conduct for administrative
proceeding interpreters for persons who are deaf.
(2) Is unable to effectively communicate with the
presiding officer or person who is deaf, including where the
interpreter self-reports such inability.
§ 585. Oath.
Before the commencement of interpreter duties, an interpreter
appointed under this subchapter shall take an oath or make an
affirmation on the record that the interpreter will make a true
interpretation to the person who is deaf in the manner that the
person who is deaf understands and that the interpreter will
repeat the statements of the person who is deaf to the court in
the spoken English language to the best of the interpreter's
skill and judgment and in accordance with the code of
professional conduct for administrative proceeding interpreters
for persons who are deaf.
§ 586. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter may not be
compelled to testify, in any judicial proceeding or
administrative proceeding, to statements made by the person who
is deaf and interpreted by the interpreter when the person who
is deaf is engaged in a confidential communication as provided
by any statute or general rule, including, but not limited to:
(1) 42 Pa.C.S. § 5916 (relating to confidential
communications to attorney).
(2) 42 Pa.C.S. § 5928 (relating to confidential
communications to attorney).
(3) 42 Pa.C.S. § 5942 (relating to confidential
communications to news reporters).
(4) 42 Pa.C.S. § 5943 (relating to confidential
communications to clergymen).
(5) 42 Pa.C.S. § 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(6) 42 Pa.C.S. § 5945 (relating to confidential
communications to school personnel).
(7) 42 Pa.C.S. § 5945.1 (relating to confidential
communications with sexual assault counselors).
(8) 42 Pa.C.S. § 5945.2 (relating to confidential
communications to crime stopper or similar anticrime
program).
§ 587. Cost of providing interpreter.
An interpreter appointed in accordance with this subchapter
is entitled to a reasonable fee for interpreter services and
shall be reimbursed for actual and reasonable expenses by the
agency conducting the administrative proceeding.
§ 588. Funding.
Except as provided in section 587 (relating to cost of
providing interpreter), the General Assembly shall appropriate
to the department such sums as may be necessary to establish a
program to facilitate the use of interpreters and otherwise
fulfill the provisions of this subchapter. Implementation of
this section is contingent upon the availability of appropriated
funds to carry out the purposes of this section.
Section 4. Title 42 is amended by adding a chapter to read:
CHAPTER 44
COURT INTERPRETERS
Subch.
A. General Provisions
B. Court Interpreters for Persons With Limited English
Proficiency
C. Court Interpreters for Persons Who Are Deaf
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4401. Legislative findings and declaration.
4402. Definitions.
§ 4401. Legislative findings and declaration.
It is hereby declared to be the policy of this Commonwealth
to secure the rights, constitutional and otherwise, of persons
who because of a non-English speaking cultural background or who
because of an impairment of hearing or speech are unable to
understand or communicate adequately in the English language
when they appear in court or are involved in judicial
proceedings. It is the intent of this chapter to provide for the
certification, appointment and use of interpreters to secure the
rights of persons with limited English proficiency and persons
who are deaf or hearing impaired in all judicial proceedings.
§ 4402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative proceeding." Any proceeding other than a
judicial proceeding, the outcome of which is required to be
based on a record or documentation prescribed by law or in which
law or regulation is particularized in application to
individuals. The term includes an appeal as defined in 2 Pa.C.S.
§ 101 (relating to definitions).
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) is certified by the Court Administrator in
accordance with either Subchapter B (relating to court
interpreters for persons with limited English proficiency) or
Subchapter C (relating to court interpreters for persons who
are deaf).
"Court Administrator." The Court Administrator of
Pennsylvania.
"Deaf." An impairment of hearing or speech which creates an
inability to understand or communicate the spoken English
language.
"Direct victim." A direct victim as defined in section 103
of the act of November 24, 1998 (P.L.882, No.111), known as the
Crime Victims Act.
"Immediate family member." A spouse, parent or child.
"Interpret." Either one of the following:
(1) For purposes of Subchapter B (relating to court
interpreters for persons with limited English proficiency),
to convey spoken and written English into the language of the
person with limited English proficiency and to convey oral
and written statements by the person with limited English
proficiency into spoken English.
(2) For purposes of Subchapter C (relating to court
interpreters for persons who are deaf), to convey spoken
English in a manner understood by the person who is deaf
through, but not limited to, American Sign Language and
transliteration or the use of computer-aided real-time
captioning (CART) or similar procedure, and to convey the
communications made by the person who is deaf into spoken
English.
"Interpreter." Includes both a certified interpreter and an
otherwise qualified interpreter.
"Judicial proceeding." An action, appeal or proceeding in
any court of this Commonwealth.
"Limited ability to speak or understand English." The
ability to speak exclusively or primarily a language other than
English and the inability to sufficiently speak or understand
English.
"Otherwise qualified interpreter." A person who:
(1) For purposes of Subchapter B (relating to court
interpreters for persons with limited English proficiency):
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
for persons with limited English proficiency as
established by the Court Administrator in accordance with
Subchapter B.
(2) For purposes of Subchapter C (relating to court
interpreters for persons who are deaf):
(i) is readily able to interpret;
(ii) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or
similar registry; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
for persons who are deaf as established by the Court
Administrator in accordance with Subchapter C.
"Person who is deaf." A principal party in interest or a
witness who is deaf.
"Person with limited English proficiency." A principal party
in interest or a witness, who has limited ability to speak or
understand English.
"Presiding judicial officer." Includes a judicial officer as
defined in section 102 (relating to definitions).
"Principal party in interest." A person involved in a
judicial proceeding who is a named party, defendant or direct
victim in a criminal proceeding or proceeding, pursuant to
Chapter 63 (relating to juvenile matters), will be bound by the
decision or action or is foreclosed from pursuing that person's
rights by the decision or action which may be taken in the
judicial proceeding.
"Transliteration." To convey spoken or written English in an
English-based sign system and the process of conveying an
English-based sign system in spoken or written English.
"Witness." A person who testifies in a judicial proceeding.
SUBCHAPTER B
COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
Sec.
4411. Duties of Court Administrator.
4412. Appointment of interpreter.
4413. Replacement of interpreter.
4414. Oath.
4415. Confidential communications in presence of interpreter.
4416. Cost of providing interpreter.
4417. Funding.
§ 4411. Duties of Court Administrator.
(a) Interpreter program.--The Court Administrator may
establish a program to appoint and use certified interpreters in
judicial proceedings. The program established by the Court
Administrator to certify interpreters may include:
(1) establishing and administering a comprehensive
testing and certification program for interpreters;
(2) establishing and adopting standards of proficiency,
written and oral, in English and the language to be
interpreted;
(3) conducting periodic examinations to ensure the
availability of certified interpreters;
(4) prescribing, determining and certifying the
qualifications of persons who may serve as certified
interpreters for persons with limited English proficiency;
(5) charging reasonable fees as deemed necessary for
testing and certification;
(6) reciprocity of certification for interpreters from
other jurisdictions, provided that, in the judgment of the
Court Administrator, the criteria for certification in the
foreign jurisdiction is at least as stringent as that
established by the Court Administrator;
(7) providing for the audio recording of testimony that
is the subject of interpretation; and
(8) providing a continuing education requirement for
interpreters.
(b) List of certified interpreters.--The Court Administrator
shall compile, maintain and disseminate a current list of
interpreters certified by the Court Administrator for the courts
through any means deemed appropriate by the Court Administrator,
including, but not limited to, a written directory, which shall
be maintained on file with the office of the clerk of courts in
each judicial district, and through publication on the official
World Wide Web site of the Administrative Office.
(c) Guidelines for court selection of otherwise qualified
interpreters.--The Court Administrator shall provide guidelines
to the courts for the selection and use of otherwise qualified
interpreters in order to ensure that the highest standards of
accuracy are maintained in all judicial proceedings subject to
the provisions of this subchapter.
(d) Fee schedule.--The Court Administrator shall prescribe,
subject to periodic review, a schedule of reasonable fees for
services rendered by certified interpreters and otherwise
qualified interpreters used in judicial proceedings.
(e) Standards of professional conduct.--
(1) The Court Administrator shall establish and adopt
standards for a code of professional conduct for court
interpreters for persons with limited English proficiency.
(2) The Court Administrator shall establish, administer
or recommend a process to review and respond to allegations
of violations of the code of professional conduct for court
interpreters for persons with limited English proficiency,
including, but not limited to, decertification and other
disciplinary measures.
§ 4412. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request or
sua sponte, if the presiding judicial officer determines that a
principal party in interest or witness has a limited ability to
speak or understand English, then a certified interpreter shall
be appointed, unless the certified interpreter is unavailable as
provided in subsection (b).
(b) Appointment of otherwise qualified interpreter.--
(1) An otherwise qualified interpreter shall be
appointed by the presiding judicial officer if a good faith
effort was made to obtain a certified interpreter and a
certified interpreter was not reasonably available, as
determined by the presiding judicial officer.
(2) Prior to the appointment of the otherwise qualified
interpreter, the presiding judicial officer, pursuant to
general rule, shall state on the record that a certified
interpreter is not available and that the otherwise qualified
interpreter:
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
for persons with limited English proficiency, as
established by the Court Administrator.
(c) Additional interpreter.--After consideration of the
length of the judicial proceeding and the number of persons with
limited English proficiency involved, the presiding judicial
officer may appoint, as provided in subsections (a) and (b), an
additional interpreter or provide for additional interpretation
in a manner deemed appropriate by the presiding judicial
officer.
(d) Immediate family.--The presiding judicial officer may
appoint, as provided in subsections (a) and (b), an interpreter
or provide for additional interpretation, as provided in
subsection (c), for an immediate family member of a principal
party in interest.
§ 4413. Replacement of interpreter.
Pursuant to general rule, the presiding judicial officer
shall dismiss the interpreter and obtain the services of another
interpreter in accordance with this subchapter if the
interpreter:
(1) Fails to follow the standards prescribed by law or
by the code of professional conduct for court interpreters
for persons with limited English proficiency.
(2) Is unable to effectively communicate with the
presiding judicial officer or the person with limited English
proficiency, including where the interpreter self-reports
such inability.
§ 4414. Oath.
Before commencement of interpreter duties, an interpreter
appointed under this subchapter shall take an oath or make an
affirmation on the record that the interpreter will make a true
interpretation to the person with limited English proficiency in
the language which the person with limited English proficiency
understands and that the interpreter will repeat the statements
of the person with limited English proficiency to the court in
English to the best of the interpreter's skill and judgment and
in accordance with the code of professional conduct for court
interpreters for persons with limited English proficiency.
§ 4415. Confidential communications in presence of
interpreter.
An interpreter appointed under this subchapter shall not be
compelled to testify in any judicial proceeding or
administrative proceeding to any statements made by the person
with limited English proficiency and interpreted by the
interpreter when the person with limited English proficiency is
engaged in a confidential communication as provided by any
statute or general rule, including, but not limited to:
(1) Section 5916 (relating to confidential
communications to attorney).
(2) Section 5928 (relating to confidential
communications to attorney).
(3) Section 5942 (relating to confidential
communications to news reporters).
(4) Section 5943 (relating to confidential
communications to clergymen).
(5) Section 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(6) Section 5945 (relating to confidential
communications to school personnel).
(7) Section 5945.1 (relating to confidential
communications with sexual assault counselors).
(8) Section 5945.2 (relating to confidential
communications to crime stopper or similar anticrime
program).
§ 4416. Cost of providing interpreter.
(a) General rule.--An interpreter appointed in accordance
with this subchapter is entitled to a reasonable fee for
interpreter services and shall be reimbursed for actual and
reasonable expenses as provided in this section.
(b) Principal party in interest.--If the person with limited
English proficiency is a defendant, party or a direct victim in
a judicial proceeding for a criminal matter or juvenile
proceeding pursuant to Chapter 63 (relating to juvenile
matters), then the payment of the cost of providing the
interpreter shall be the responsibility of the county of the
court that has jurisdiction over the judicial proceeding for the
criminal matter.
(c) Witness.--If the person with limited English proficiency
is compelled to appear as a witness in a judicial proceeding for
a criminal matter, then the payment of the cost of providing the
interpreter shall be the responsibility of the county of the
court that has jurisdiction over the judicial proceeding for the
criminal matter.
(d) Payment determination.--Except as provided in
subsections (b) and (c), disposition of all or part of the cost
of providing interpreter services shall be in the discretion of
the presiding judicial officer unless the principal party in
interest is indigent. If the principal party in interest is
indigent, then the cost of providing interpreter services shall
be the responsibility of the county of the court that has
jurisdiction over the judicial proceeding. The presiding
judicial officer may order reimbursement to the county for its
responsibilities under this section.
§ 4417. Funding.
Except as provided in section 4416 (relating to cost of
providing interpreter), the General Assembly shall appropriate
to the Court Administrator such sums as may be necessary to
establish a program to facilitate the use of interpreters and
otherwise fulfill the provisions of this subchapter.
Implementation of this section is contingent upon the
availability of appropriated funds to carry out the purposes of
this section.
SUBCHAPTER C
COURT INTERPRETERS FOR PERSONS WHO ARE DEAF
Sec.
4431. Duties of Court Administrator.
4432. Appointment of interpreter.
4433. Replacement of interpreter.
4434. Interrogation.
4435. Oath.
4436. Confidential communications in presence of interpreter.
4437. Cost of providing interpreter.
4438. Funding.
§ 4431. Duties of Court Administrator.
(a) Interpreter program.--The Court Administrator may
establish a program to appoint and use certified interpreters in
judicial proceedings. To certify interpreters, the Court
Administrator shall either:
(1) establish a program, which shall include:
(i) establishing and administering a comprehensive
testing and certification program for interpreters;
(ii) establishing and adopting standards of
proficiency, including, but not limited to, certification
by the Registry of Interpreters for the Deaf or similar
registry;
(iii) conducting periodic examinations to ensure the
availability of certified interpreters;
(iv) prescribing, determining and certifying the
qualifications of persons who may serve as certified
interpreters; and
(v) charging reasonable fees as deemed necessary for
testing and certification; or
(2) establish and support a certification program by any
means as deemed appropriate by the Court Administrator.
(b) List of certified interpreters.--The Court Administrator
shall compile, maintain and disseminate a current list of
interpreters certified by the Court Administrator for the courts
through any means deemed appropriate by the Court Administrator,
including, but not limited to, a written directory, which shall
be maintained on file with the office of the clerk of courts in
each judicial district, and through publication on the official
World Wide Web site of the Administrative Office.
(c) Guidelines for court selection of otherwise qualified
interpreters.--The Court Administrator shall provide guidelines
to the courts for the selection and use of otherwise qualified
interpreters in order to ensure that the highest standards of
accuracy are maintained in all judicial proceedings subject to
the provisions of this subchapter.
(d) Fee schedule.--The Court Administrator shall prescribe,
subject to periodic review, a schedule of reasonable fees for
services rendered by certified interpreters and otherwise
qualified interpreters used in judicial proceedings.
(e) Standards of professional conduct.--
(1) The Court Administrator shall establish and adopt
standards for a code of professional conduct for court
interpreters for persons who are deaf.
(2) The Court Administrator shall establish, administer
or recommend a process to review and respond to allegations
of violations of the code of professional conduct for court
interpreters of persons who are deaf, including, but not
limited to, decertification and other disciplinary measures.
§ 4432. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request or
sua sponte, if the presiding judicial officer determines that a
principal party in interest or witness is deaf, then a certified
interpreter shall be appointed, unless the certified interpreter
is unavailable as provided in subsection (b).
(b) Appointment of otherwise qualified interpreter when
certified interpreter is unavailable.--
(1) An otherwise qualified interpreter shall be
appointed by the presiding judicial officer if a good faith
effort was made to obtain a certified interpreter and a
certified interpreter was not reasonably available, as
determined by the presiding judicial officer.
(2) Prior to the appointment of the otherwise qualified
interpreter, the presiding judicial officer, pursuant to
general rule, shall state on the record that a certified
interpreter is not available and that the otherwise qualified
interpreter:
(i) is readily able to interpret;
(ii) is certified by the National Association of the
Deaf, the Registry of Interpreters for the Deaf or
similar registry to the best of the knowledge of the
presiding judicial officer; and
(iii) has read, understands and agrees to abide by
the code of professional conduct for court interpreters
for persons who are deaf, as established by the Court
Administrator.
(c) Additional interpreter.--After consideration of the
length of the judicial proceeding, the special needs of the
person who is deaf and the number of persons involved who are
deaf, the presiding judicial officer may appoint, as provided in
subsections (a) and (b), an additional interpreter or provide
for additional interpretation in a manner deemed appropriate by
the presiding judicial officer.
(d) Immediate family.--The presiding judicial officer may
appoint, as provided in subsections (a) and (b), an interpreter
or provide for additional interpretation, as provided in
subsection (c), for an immediate family member of a principal
party in interest.
§ 4433. Replacement of interpreter.
Pursuant to general rule, the presiding judicial officer
shall dismiss the interpreter and obtain the services of another
interpreter in accordance with this subchapter if the
interpreter:
(1) Fails to follow the standards prescribed by law or
by the code of professional conduct for court interpreters
for persons who are deaf.
(2) Is unable to effectively communicate with the
presiding judicial officer or the person who is deaf,
including where the interpreter self-reports such inability.
§ 4434. Interrogation.
Upon the arrest of any person who is deaf and prior to
interrogation, the arresting officer shall make available to the
person who is deaf an interpreter who shall be present with the
person who is deaf throughout the interrogation.
§ 4435. Oath.
Before commencement of interpreter duties, an interpreter
appointed under this subchapter shall take an oath or make an
affirmation on the record that the interpreter will make a true
interpretation to the person who is deaf in a manner that the
person who is deaf understands and that the interpreter will
repeat the statements of the person who is deaf to the court in
English to the best of the interpreter's skill and judgment and
in accordance with the code of professional conduct for court
interpreters for persons who are deaf.
§ 4436. Confidential communications in presence of
interpreter.
An interpreter appointed under this subchapter shall not be
compelled to testify in any judicial proceeding or
administrative proceeding to any statements made by the person
who is deaf and interpreted by the interpreter when the person
who is deaf is engaged in a confidential communication as
provided by any statute or general rule, including, but not
limited to:
(1) Section 5916 (relating to confidential
communications to attorney).
(2) Section 5928 (relating to confidential
communications to attorney).
(3) Section 5942 (relating to confidential
communications to news reporters).
(4) Section 5943 (relating to confidential
communications to clergymen).
(5) Section 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(6) Section 5945 (relating to confidential communications
to school personnel).
(7) Section 5945.1 (relating to confidential
communications with sexual assault counselors).
(8) Section 5945.2 (relating to confidential
communications to crime stopper or similar anticrime
program).
§ 4437. Cost of providing interpreter.
(a) General rule.--Except as provided by general rule and in
subsection (b), an interpreter appointed in accordance with this
subchapter is entitled to a reasonable fee for the services of
the interpreter and shall be reimbursed for actual and
reasonable expenses by the county that has jurisdiction over the
judicial proceeding.
(b) Payment determination of certain costs.--Disposition of
all or part of the cost of providing an interpreter appointed in
accordance with section 4432(d) (relating to appointment of
interpreter) shall be in the discretion of the court that has
jurisdiction over the judicial proceeding. In no event shall the
cost of providing interpreter services be the responsibility of
the person who is deaf. If the principal party in interest is
indigent, then the cost of providing interpreter services shall
be the responsibility of the county of the court that has
jurisdiction over the judicial proceeding. The presiding
judicial officer may order reimbursement to the county for its
responsibilities under this subchapter.
§ 4438. Funding.
Except as provided in section 4437 (relating to cost of
providing interpreter), the General Assembly shall appropriate
to the Court Administrator such sums as may be necessary to
establish a program to facilitate the use of interpreters and
otherwise fulfill the provisions of this subchapter.
Implementation of this section is contingent upon the
availability of appropriated funds to carry out the purposes of
this section.
Section 5. Sections 7103 and 8701 of Title 42 are amended to
read:
[§ 7103. Interpreters for the deaf.
(a) General rule.--In any civil proceeding in which a party
is deaf, the court may appoint an interpreter to assist the
party throughout the proceeding. Disposition of costs shall be
in discretion of the court.
(b) Oath.--The interpreter shall swear or affirm that he
will make a true interpretation to the deaf person and that he
will repeat the statements of the deaf person to the best of his
ability.
(c) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Deaf." Persons who are deaf or whose hearing is so impaired
that they are unable to understand or communicate the spoken
English language.
"Interpreter." A person qualified and trained to translate
for or communicate with deaf persons. Any person certified by
the National or Local Registry of Interpreters for the Deaf or
similar registry shall be considered qualified for the purposes
of this section.
§ 8701. Interpreters for the deaf.
(a) Interrogation.--Upon the arrest of any deaf person, and
prior to interrogation, the arresting officer shall make
available to such person an interpreter who shall be present
with such person throughout the interrogation.
(b) Criminal proceedings.--In any criminal proceeding in
which a defendant is deaf the court shall appoint an interpreter
to assist the defendant throughout the proceeding.
(c) Oath.--The interpreter shall swear or affirm that he
will make a true interpretation to the deaf person and that he
will repeat the statements of the deaf person to the best of his
ability.
(d) Definitions.--As used in this section the following
words shall have the meanings given to them in this subsection:
"Deaf." Persons who are deaf or whose hearing is so impaired
that they are unable to understand or communicate the spoken
English language.
"Interpreter." A person qualified and trained to translate
for or communicate with deaf persons. Any person certified by
the National or Local Registry of Interpreters for the Deaf or
similar registry shall be considered qualified for the purposes
of this section.]
Section 6. This act shall take effect in 60 days.
APPROVED--The 29th day of November, A. D. 2006.
EDWARD G. RENDELL
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