H*3160(Rat #0154, Act #0103 of 2001)  General Bill, By Lee and Whipper
 A BILL TO AMEND SECTIONS 15-27-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS FOR DEAF PERSONS WHO ARE
 PARTIES OR WITNESSES TO A LEGAL PROCEEDING, SO AS TO DELETE THE PROVISION THAT
 REQUIRES THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE
 A REASONABLE FEE FOR INTERPRETING SERVICES WHICH MUST BE PAID FROM CERTAIN
 FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, AND PROVIDE THAT THE SELECTION,
 USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY GUIDELINES
 ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH ALL FEES FOR
 INTERPRETING SERVICES PAID FROM CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL
 DEPARTMENT; TO AMEND SECTION 15-27-155, RELATING TO THE APPOINTMENT OF
 INTERPRETERS IN CIVIL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SPEAK
 ENGLISH SUFFICIENTLY, SO AS TO DELETE THE PROVISION THAT REQUIRES THE CHIEF
 ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE A REASONABLE FEE
 FOR INTERPRETING SERVICES WHICH MAY BE PAID OUT OF CERTAIN FUNDS APPROPRIATED
 TO THE JUDICIAL DEPARTMENT, PAID BY THE PARTIES AS THE COURT MAY DIRECT, OR
 TAXED AS COSTS BASED ON THE DISCRETION OF THE COURT, AND PROVIDE THAT THE
 SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY
 GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH FEES FOR
 INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL
 DEPARTMENT, THE PARTIES AS THE COURT MAY DIRECT, OR TAXED AS COSTS AT THE
 DISCRETION OF THE COURT; AND TO AMEND SECTION 17-1-50, RELATING TO THE
 APPOINTMENT OF INTERPRETERS IN CRIMINAL PROCEEDINGS WHENEVER A PARTY OR
 WITNESS DOES NOT SPEAK ENGLISH SUFFICIENTLY, SO AS TO PROVIDE AND REVISE
 DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN
 INTERPRETER IS APPOINTED, OR WHOSE USE IS WAIVED, WHO MAY APPOINT AN
 INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, TO PROVIDE THAT THE
 SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED UNDER
 GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT, WITH ALL
 FEES FOR INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE
 JUDICIAL DEPARTMENT, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S
 CENTRALIZED LIST OF QUALIFIED INTERPRETERS IS REVISED TO CONTAIN A LIST OF
 CERTIFIED OR OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET THE PROCEEDINGS TO
 A PARTY AND TESTIMONY OF A WITNESS, AND TO REVISE THE CIRCUMSTANCES UPON WHICH
 A PARTY OR WITNESS MAY USE AN INTERPRETER WHO IS NOT ON THE CENTRALIZED
 LIST.-AMENDED TITLE

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Judiciary
   01/09/01  House  Introduced and read first time HJ-74
   01/09/01  House  Referred to Committee on Judiciary HJ-74
   02/28/01  House  Committee report: Favorable with amendment
                     Judiciary HJ-88
   03/01/01  House  Amended HJ-16
   03/01/01  House  Read second time HJ-18
   03/01/01  House  Unanimous consent for third reading on next
                     legislative day HJ-18
   03/02/01  House  Read third time and sent to Senate HJ-2
   03/06/01  Senate Introduced and read first time SJ-19
   03/06/01  Senate Referred to Committee on Judiciary SJ-19
   05/02/01  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   05/03/01  Senate Amended SJ-18
   05/03/01  Senate Read second time SJ-18
   05/03/01  Senate Ordered to third reading with notice of
                     amendments SJ-18
   06/06/01  Senate Amended SJ-106
   06/06/01  Senate Read third time and returned to House with
                     amendments SJ-106
   06/07/01  House  Concurred in Senate amendment and enrolled HJ-8
   06/28/01         Ratified R 154
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01
   09/17/01         Copies available
   09/17/01         Act No. 103

AN ACT TO AMEND SECTION 15-27-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS FOR DEAF PERSONS WHO ARE PARTIES OR WITNESSES TO A LEGAL PROCEEDING, SO AS TO DELETE THE PROVISION THAT REQUIRES THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES WHICH MUST BE PAID FROM CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, AND PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH ALL FEES FOR INTERPRETING SERVICES PAID FROM CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT; TO AMEND SECTION 15-27-155, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SPEAK ENGLISH SUFFICIENTLY, SO AS TO DELETE THE PROVISION THAT REQUIRES THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT TO DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES WHICH MAY BE PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, PAID BY THE PARTIES AS THE COURT MAY DIRECT, OR TAXED AS COSTS BASED ON THE DISCRETION OF THE COURT, AND PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED BY GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT WITH FEES FOR INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, THE PARTIES AS THE COURT MAY DIRECT, OR TAXED AS COSTS AT THE DISCRETION OF THE COURT; AND TO AMEND SECTION 17-1-50, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SPEAK ENGLISH SUFFICIENTLY, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, OR WHOSE USE IS WAIVED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, TO PROVIDE THAT THE SELECTION, USE, AND REIMBURSEMENT OF INTERPRETERS MUST BE DETERMINED UNDER GUIDELINES ESTABLISHED BY THE CHIEF JUSTICE OF THE SUPREME COURT, WITH ALL FEES FOR INTERPRETING SERVICES PAID OUT OF CERTAIN FUNDS APPROPRIATED TO THE JUDICIAL DEPARTMENT, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF QUALIFIED INTERPRETERS IS REVISED TO CONTAIN A LIST OF CERTIFIED OR OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET THE PROCEEDINGS TO A PARTY AND TESTIMONY OF A WITNESS, AND TO REVISE THE CIRCUMSTANCES UPON WHICH A PARTY OR WITNESS MAY USE AN INTERPRETER WHO IS NOT ON THE CENTRALIZED LIST.

Whereas, the policy of this State is to secure the constitutional and other rights of persons who, because of a nonEnglish speaking cultural background, are unable to understand or communicate adequately in the English language when they appear in courts or are involved in a criminal or civil justice proceeding and who cannot be protected fully in a legal proceeding unless certified or otherwise qualified interpreters are available to assist them; and

Whereas, it is the intent of this act to provide for the use and a procedure for the appointment of interpreters to secure the state and federal constitutional rights of nonEnglish speaking persons in all legal and administrative proceedings. Now, therefore,

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

Interpreters for deaf persons

SECTION 1. Section 15-27-15(A) of the 1976 Code, as last amended by Act 390 of 1998, is further amended to read:

"(A) Whenever a deaf person is a party or witness in any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrates court, or is confined to an institution, the court must 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 selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services 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."

Interpreters in civil proceedings

SECTION 2. Section 15-27-155(C) of the 1976 Code, as added by Act 390 of 1998, is amended to read:

"(C) (1) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court;

(2) The fees for interpreting services may be:

(a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly;

(b) paid by one or more of the parties as the court may direct; or

(c) taxed ultimately as costs based on the discretion of the court."

Interpreters in criminal proceedings

SECTION 3. Section 17-1-50 of the 1976 Code, as added by Act 390 of 1998, is amended to read:

"Section 17-1-50. (A) As used in this section:

(1) 'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(4) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.

(2) 'Legal proceeding' means a proceeding in which a nonEnglish speaking person is a party or a witness.

(3) 'NonEnglish speaking person' means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.

(4) 'Qualified interpreter' means a person who:

(a) is eighteen years of age or older;

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

(c) is not a person confined to an institution; and

(d) has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight-translate documents from English into the language of a nonEnglish speaking person, or from the language of that person into spoken English.

(5) 'Victim' means a victim as defined in Section 16-3-1110.

(6) 'Witness' means a person who testifies in a legal proceeding.

(B)(1) Notwithstanding any other provision of law, whenever a party, witness, or victim in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or victim or to interpret the testimony of the witness.

(2) However, the court may waive the use of a certified or otherwise 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 certified or otherwise qualified interpreter is requested by a nonEnglish speaking party, witness, or victim in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver is in the best interest of justice.

(C) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services 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 must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a 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 subitem (A)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court."

Time effective

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

Ratified the 28th day of June, 2001.

Approved the 31st day of August, 2001.