South Carolina General Assembly
111th Session, 1995-1996

Bill 776


                    Current Status

Bill Number:                    776
Ratification Number:            405
Act Number:                     365
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950425
Primary Sponsor:                Lander
All Sponsors:                   Lander, Giese and Matthews 
Drafted Document Number:        br1\18443ac.95
Companion Bill Number:          4197
Date Bill Passed both Bodies:   19960522
Date of Last Amendment:         19960425
Governor's Action:              S
Date of Governor's Action:      19960528
Subject:                        Deaf interpreter in legal
                                proceedings

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A365
------  19960528  Signed by Governor
------  19960523  Ratified R405
House   19960522  Read third time, enrolled for
                  ratification
House   19960521  Read second time
House   19960515  Committee report: Favorable              25 HJ
House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 19960426
Senate  19960424  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950425  Introduced, read first time,             11 SJ
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A365, R405, S776)

AN ACT 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", TO FURTHER DEFINE LEGAL PROCEEDINGS, TO INCLUDE DEAF PERSONS WHO ARE WITNESSES, TO FURTHER PROVIDE FOR THE SELECTION OF INTERPRETERS, AND TO REQUIRE INTERPRETATION UNDERSTANDABLE TO THE DEAF PERSON WHEN CONFINEMENT TO AN INSTITUTION IS AN ISSUE.

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

Witnesses; proceedings included; selection of interpreters; proceedings for confinement to an institution; definitions

SECTION 1. Section 15-27-15 of the 1976 Code is amended to read:

"Section 15-27-15. (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 other criminal 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 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.

(B) For purposes of this section:

(1) `Qualified interpreter' means a person eighteen years of age or older who has been certified by the South Carolina Association of the Deaf Interpreter Assessment Program (SCAD-IAP Level IV or V) or the National Registry of Interpreters for the Deaf and who has received approval from the South Carolina Association of the Deaf and who is not a family member of the deaf person.

(2) `Deaf person' means a person who cannot use his hearing for communication purposes.

(C) In an action where the mental condition of a deaf person is being considered and where the person may be committed to an institution, all 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 28th day of May, 1996.