South Carolina General Assembly
112th Session, 1997-1998

Bill 4942

                    Current Status

Bill Number:                    4942
Ratification Number:            524
Act Number:                     390
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980402
Primary Sponsor:                Lee
All Sponsors:                   Lee, Davenport and F. Smith 
Drafted Document Number:        ggs\22057cm.98
Date Bill Passed both Bodies:   19980604
Date of Last Amendment:         19980604
Governor's Action:              S
Date of Governor's Action:      19980615
Subject:                        Criminal, civil legal proceedings,
                                qualified interpreter in which party
                                doesn't speak English, Courts, Torts,
                                Prisons
History


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

------  19980624  Act No. A390
------  19980615  Signed by Governor
------  19980610  Ratified R524
Senate  19980604  Concurred in House amendment,
                  enrolled for ratification
House   19980604  Senate amendments amended,
                  returned to Senate with amendment
Senate  19980603  Read third time, returned to House
                  with amendment
Senate  19980603  Amended
Senate  19980528  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19980528  Committee amendment adopted
Senate  19980527  Committee report: Favorable with         11 SJ
                  amendment
Senate  19980505  Introduced, read first time,             11 SJ
                  referred to Committee
House   19980501  Read third time, sent to Senate
House   19980430  Amended, read second time,
                  unanimous consent for third reading
                  on Friday, 19980501
House   19980429  Committee report: Favorable with         25 HJ
                  amendment
House   19980402  Introduced, read first time,             25 HJ
                  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.)

(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.

(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 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.