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H*4942

Session 112 (1997-1998)

H*4942(Rat #0524, Act #0390 of 1998)  General Bill, By Lee, Davenport and 
F. Smith
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 17-1-50, SO AS TO PROVIDE THAT IN A CRIMINAL LEGAL PROCEEDING, WHENEVER A
 PARTY OR A WITNESS TO THE PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO
 TESTIFY, THEN THE COURT MUST APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE
 PROCEEDINGS AND THE TESTIMONY OF THE PARTY OR WITNESS OR WAIVE THE USE OF A
 QUALIFIED INTERPRETER IF IT FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST
 INTEREST OF THE PARTY OR WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST
 OF JUSTICE, TO DEFINE "QUALIFIED INTERPRETER", TO PROVIDE THAT AN INTERPRETER
 SHALL NOT BE A PERSON CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR
 INTERPRETING SERVICES, TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED
 INTERPRETERS, AND TO PROVIDE FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT
 APPEAR ON THE CENTRALIZED LIST; BY ADDING SECTION 15-27-155 SO AS TO PROVIDE
 THAT IN A CIVIL LEGAL PROCEEDING, WHENEVER A PARTY OR A WITNESS TO THE
 PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO TESTIFY, THE COURT MAY
 APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE PROCEEDINGS AND THE TESTIMONY
 OF THE PARTY OR WITNESS, OR WAIVE THE USE OF A QUALIFIED INTERPRETER IF IT
 FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST INTEREST OF THE PARTY OR
 WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST OF JUSTICE, TO DEFINE
 "QUALIFIED INTERPRETER", TO PROVIDE THAT AN INTERPRETER SHALL NOT BE A PERSON
 CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR INTERPRETING SERVICE,
 TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED INTERPRETERS, AND TO PROVIDE
 FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT APPEAR ON THE CENTRALIZED
 LIST; AND TO AMEND SECTION 15-27-15, AS AMENDED, RELATING TO INTERPRETERS FOR
 A DEAF PERSON WHO IS A PARTY OR A WITNESS TO A LEGAL PROCEEDING, OR WHO IS
 CONFINED TO AN INSTITUTION, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE
 JUDGE FOR THE JUDICIAL CIRCUIT SHALL DETERMINE A REASONABLE FEE FOR
 INTERPRETING SERVICES.-AMENDED TITLE

   04/02/98  House  Introduced and read first time HJ-3
   04/02/98  House  Referred to Committee on Judiciary HJ-3
   04/29/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   04/30/98  House  Amended HJ-16
   04/30/98  House  Read second time HJ-17
   04/30/98  House  Unanimous consent for third reading on next
                     legislative day HJ-17
   05/01/98  House  Read third time and sent to Senate HJ-2
   05/05/98  Senate Introduced and read first time SJ-11
   05/05/98  Senate Referred to Committee on Judiciary SJ-11
   05/27/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-21
   05/28/98  Senate Amended SJ-55
   05/28/98  Senate Read second time SJ-55
   05/28/98  Senate Ordered to third reading with notice of
                     amendments SJ-55
   06/03/98  Senate Amended
   06/03/98  Senate Read third time and returned to House with amendments
   06/04/98  House  Senate amendment amended HJ-21
   06/04/98  House  Returned to Senate with amendments HJ-21
   06/04/98  Senate Concurred in House amendment and enrolled SJ-45
   06/10/98         Ratified R 524
   06/15/98         Signed By Governor
   06/23/98         Effective date 06/15/98
   06/23/98         Copies available
   06/30/98         Act No. 390

(A390, R524, H4942)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT IN A CRIMINAL LEGAL PROCEEDING, WHENEVER A PARTY OR A WITNESS TO THE PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO TESTIFY, THEN THE COURT MUST APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE PROCEEDINGS AND THE TESTIMONY OF THE PARTY OR WITNESS OR WAIVE THE USE OF A QUALIFIED INTERPRETER IF IT FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST INTEREST OF THE PARTY OR WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST OF JUSTICE, TO DEFINE QUALIFIED INTERPRETER, TO PROVIDE THAT AN INTERPRETER SHALL NOT BE A PERSON CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR INTERPRETING SERVICES, TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED INTERPRETERS, AND TO PROVIDE FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT APPEAR ON THE CENTRALIZED LIST; BY ADDING SECTION 15-27-155 SO AS TO PROVIDE THAT IN A CIVIL LEGAL PROCEEDING, WHENEVER A PARTY OR A WITNESS TO THE PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO TESTIFY, THE COURT MAY APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE PROCEEDINGS AND THE TESTIMONY OF THE PARTY OR WITNESS, OR WAIVE THE USE OF A QUALIFIED INTERPRETER IF IT FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST INTEREST OF THE PARTY OR WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST OF JUSTICE, TO DEFINE "QUALIFIED INTERPRETER", TO PROVIDE THAT AN INTERPRETER SHALL NOT BE A PERSON CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR INTERPRETING SERVICE, TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED INTERPRETERS, AND TO PROVIDE FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT APPEAR ON THE CENTRALIZED LIST; AND TO AMEND SECTION 15-27-15, AS AMENDED, RELATING TO INTERPRETERS FOR A DEAF PERSON WHO IS A PARTY OR A WITNESS TO A LEGAL PROCEEDING, OR WHO IS CONFINED TO AN INSTITUTION, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT SHALL DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES.

Be it enacted by the General Assembly of the State of South Carolina:

Qualified interpreters

SECTION 1. Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-50. (A) Notwithstanding any other provision of law, whenever a party or witness to a criminal legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice.

(B) A 'qualified interpreter' means a person who:

(1) is eighteen years of age or older;

(2) is not a family member of the party or witness;

(3) is an instructor of foreign language at an institution of education; or

(4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.

An 'interpreter' shall not be a person confined to an institution.

(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.

(D) The Division of Court Administration shall maintain a centralized list of qualified interpreters to interpret the proceedings to and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) and submits a sworn affidavit to the court specifying his or her qualifications."

Qualified interpreters

SECTION 2. Chapter 27, Title 15 of the 1976 Code is amended by adding:

"Section 15-27-155. (A) Notwithstanding any other provision of law, whenever a party or witness to a civil legal proceeding does not sufficiently speak the English language to testify, the court may appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice.

(B) An 'interpreter' means a person who:

(1) is eighteen years of age or older;

(2) is not a family member of the party or witness;

(3) is an instructor of foreign language at an institution of education; or

(4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.

An 'interpreter' shall not be a person confined to an institution.

(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which may be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly, paid by one or more of the parties as the court may direct, or taxed ultimately as costs based on the discretion of the court.

Qualified interpreters

SECTION 3. Section 15-27-15(A) of the 1976 Code, as last amended by Act 365 of 1996, is further amended to read:

"(A) Whenever a deaf person is a party or witness to any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or othercriminal matter heard in magistrate's court, or is confined to an institution, the court shall appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 15th day of June, 1998.

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