Current Status Bill Number:4197 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950509 Primary Sponsor:Walker, All Sponsors:Walker, Baxley, Fleming, Wells, Allison and Littlejohn Drafted Document Number:br1\18437ac.95 Companion Bill Number:776 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Deaf interpreters for legal proceedings
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950509 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-27-15 of the 1976 Code, as added by Act 97 of 1987, is amended to read:
"Section 15-27-15. (A) Whenever any a deaf person is a party or witness to any legal a civil or criminal proceeding or a witness therein, including, but not limited to, a Family Court proceeding, an action involving a traffic violation, or other infraction heard in Magistrate's Court, or confined to any an institution, the court shall appoint a qualified interpreter, or as many as needed. An interpreter approved by the deaf person and either 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 such having an interpreter or the judge finds that it is not necessary for the fulfillment of justice. The court shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from such funds appropriated to the Judicial Department for this purpose by the General Assembly.
(B) For purposes of this section:
(1) `Qualified interpreter' means a person eighteen years of age or older who has been certified by the National Registry of Interpreters for the Deaf and who has received approval from the commission on the deaf and hearing impaired or its designee and who is not a family member of the deaf person.
(2) `Deaf person' means a person with a hearing loss so great as to prevent the person understanding language spoken in a normal tone.
(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to a mental institution, all of the court proceedings pertaining to the person must be interpreted to the deaf person in a language that the person understands by a qualified interpreter appointed by the court."
SECTION 2. This act takes effect upon approval by the Governor.