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HB 666 - Sign language and intermediary interpreters; services

Williams, Jeffrey L (83rd)	Ray, Robert F (128th)	Hugley, Carolyn F (133rd)

Status Summary	HC:	Judy	SC:		FR:	02/16/99	LA:	02/15/00	H - Favorably Reported (Sub)

First Reader Summary

A BILL to amend Article 5 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the use of sign language and intermediary interpreters in administrative and judicial proceedings, so as to authorize state agencies, law enforcement agencies, and courts to obtain directly the services of qualified interpreters required by this article; and for other purposes.

Code Sections - 24-9-102/ 24-9-103/ 24-9-104/ 24-9-106/ 24-9-108

HB 666                                            LC 22 3973S 
 
 
                _________________________ offers the following 
      substitute to HB 666: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 5 of Chapter 9 of Title 24 of the Official 
  1- 2  Code of Georgia Annotated, relating to the use of sign 
  1- 3  language and intermediary interpreters in administrative and 
  1- 4  judicial proceedings, so as to authorize state agencies, law 
  1- 5  enforcement agencies, and courts to obtain directly the 
  1- 6  services of qualified interpreters required by this article; 
  1- 7  to change the duties of the  Department of Human Resources 
  1- 8  under this article; to delete certain provisions relating to 
  1- 9  the compensation of qualified interpreters providing 
  1-10  services under this article; to repeal conflicting laws; and 
  1-11  for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Article 5 of Chapter 9 of Title 24 of the Official Code of 
  1-15  Georgia Annotated, relating to the use of sign language and 
  1-16  intermediary interpreters in administrative and judicial 
  1-17  proceedings, is amended by striking in its entirety Code 
  1-18  Section 24-9-102, relating to the appointment of 
  1-19  interpreters for hearing impaired persons who are interested 
  1-20  in or witnesses at agency proceedings, and inserting in lieu 
  1-21  thereof a new Code Section 24-9-102, to read as follows: 
 
  1-22    "24-9-102. 
 
  1-23    (a) The agency conducting any proceeding shall provide a 
  1-24    qualified interpreter to the hearing impaired person: 
 
  1-25      (1) Whenever the hearing impaired person is a party to 
  1-26      the proceeding or a witness before the proceeding; or 
 
  1-27      (2) Whenever a person below the age of 18 years whose 
  1-28      parents are hearing impaired persons is a party to the 
  1-29      proceeding or a witness before the proceeding conducted 
  1-30      by an agency. 
 
  1-31    (b) The hearing impaired person shall notify the agency 
  1-32    not less than ten days, excluding weekends and holidays, 
  1-33    prior to the date of the proceeding of the need for a 
 
 
                                 -1- 
 
 
 
  2- 1    qualified interpreter.  If the hearing impaired person 
  2- 2    receives notice of the proceeding less than ten days, 
  2- 3    excluding weekends and holidays, prior to the proceeding, 
  2- 4    he or she shall notify the agency as soon as practicable 
  2- 5    after receiving such notice.  Upon receiving a request for 
  2- 6    a qualified interpreter, the agency shall immediately 
  2- 7    forward such request to the department.  Upon receiving a 
  2- 8    request from an agency, the department shall provide a 
  2- 9    qualified interpreter for the proceeding specified in the 
  2-10    request." 
 
  2-11                           SECTION 2. 
 
  2-12  Said article is further amended by striking in its entirety 
  2-13  Code Section 24-9-103, relating to the procedure for 
  2-14  interrogation and taking of statements from hearing impaired 
  2-15  persons when arrested, and inserting in lieu thereof a new 
  2-16  Code Section 24-9-103, to read as follows: 
 
  2-17    "24-9-103. 
 
  2-18    (a) The arresting law enforcement agency shall provide a 
  2-19    qualified interpreter to any hearing impaired person 
  2-20    whenever the hearing impaired person is taken into custody 
  2-21    for allegedly violating any criminal law or ordinance of 
  2-22    the state or any political subdivision thereof. 
 
  2-23      (b)(1) Except as provided in paragraph (2) of this 
  2-24      subsection, the law enforcement agency shall immediately 
  2-25      request take action to obtain the services of a 
  2-26      qualified interpreter from the department, and the 
  2-27      department shall provide a qualified interpreter.  No 
  2-28      interrogation, warning, informing of rights, taking of 
  2-29      statements, or other investigatory procedures shall be 
  2-30      undertaken until a qualified interpreter has been 
  2-31      provided; and no answer, statement, admission, or other 
  2-32      evidence acquired from the hearing impaired person shall 
  2-33      be admissible in any criminal or quasi-criminal 
  2-34      proceeding unless such was knowingly and voluntarily 
  2-35      given through and in the presence of a qualified 
  2-36      interpreter. No hearing impaired person who has been 
  2-37      taken into custody and who is otherwise eligible for 
  2-38      release shall be detained because of the unavailability 
  2-39      of a qualified interpreter. 
 
  2-40      (2) If a qualified interpreter is not available one hour 
  2-41      after the hearing impaired person has been taken into 
  2-42      custody and a request has been forwarded to the 
  2-43      department for the services of a qualified interpreter 
 
 
                                 -2- 
 
 
 
  3- 1      has been made, the arresting officer may interrogate or 
  3- 2      take a statement from such person, provided that such 
  3- 3      interrogation and answers thereto shall be in writing 
  3- 4      and shall be preserved and turned over to the court in 
  3- 5      the event such person is tried for the alleged offense." 
 
  3- 6                           SECTION 3. 
 
  3- 7  Said article is further amended by striking in its entirety 
  3- 8  subsection (a) of Code Section 29-4-104, relating to the 
  3- 9  provision of interpreters by courts to indigent hearing 
  3-10  impaired defendants, and inserting in lieu thereof a new 
  3-11  subsection (a) to read as follows: 
 
  3-12    "24-9-104. 
 
  3-13    (a) A court shall provide a qualified interpreter to any 
  3-14    hearing impaired person whenever the hearing impaired 
  3-15    person has been provided with a court appointed legal 
  3-16    counsel.  The court shall request a qualified interpreter 
  3-17    from the department, and the department shall provide a 
  3-18    qualified interpreter. 
 
  3-19    (b) The qualified interpreter authorized by this Code 
  3-20    section shall be present at all times when the hearing 
  3-21    impaired person is consulting with legal counsel." 
 
  3-22                           SECTION 4. 
 
  3-23  Said article is further amended by striking in its entirety 
  3-24  Code Section 24-9-106, relating to the replacement of 
  3-25  interpreters who are unable to communicate accurately with 
  3-26  hearing impaired persons, and inserting in lieu thereof a 
  3-27  new Code Section 24-9-106, to read as follows: 
 
  3-28    "24-9-106. 
 
  3-29    (a) Whenever a hearing impaired person shall be authorized 
  3-30    a qualified interpreter, the agency, law enforcement 
  3-31    agency, or court shall determine whether the qualified 
  3-32    interpreter so provided is able to communicate accurately 
  3-33    with and translate information to and from the hearing 
  3-34    impaired person.  If it is determined that the qualified 
  3-35    interpreter cannot perform these functions, the agency, 
  3-36    law enforcement agency, or court shall request obtain the 
  3-37    services of another qualified interpreter from the 
  3-38    department or shall appoint an intermediary interpreter to 
  3-39    assist the qualified interpreter in communicating with the 
  3-40    hearing impaired person. 
 
 
 
 
                                 -3- 
 
 
 
  4- 1    (b) The department shall prepare and maintain a list of 
  4- 2    qualified interpreters and qualified intermediary 
  4- 3    interpreters from which such interpreters shall be 
  4- 4    provided." 
 
  4- 5                           SECTION 5. 
 
  4- 6  Said article is further amended by striking in its entirety 
  4- 7  Code Section 24-9-108, relating to the compensation of 
  4- 8  interpreters providing services under this article, and 
  4- 9  inserting in lieu thereof a new Code Section 24-9-108, to 
  4-10  read as follows: 
 
  4-11    "24-9-108. 
 
  4-12    (a) Any qualified interpreter or intermediary interpreter 
  4-13    providing service under this article shall be compensated 
  4-14    by the agency, law enforcement agency, or court requesting 
  4-15    such service.  Compensation shall be as provided in the 
  4-16    fee schedule developed by the department.  
 
  4-17    (b) The department shall develop a fee schedule to be used 
  4-18    in determining the compensation to be paid interpreters 
  4-19    under this article.  The schedule shall include reasonable 
  4-20    fees commensurate with the services provided and shall 
  4-21    include travel expenses and subsistence allowances as are 
  4-22    authorized for state employees. 
 
  4-23    (c)(b) The expenses of providing a qualified interpreter 
  4-24    or intermediary interpreter in any civil proceeding may be 
  4-25    assessed by the court or agency as costs in such 
  4-26    proceeding." 
 
  4-27                           SECTION 6. 
 
  4-28  All laws and parts of laws in conflict with this Act are 
  4-29  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-