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AB-810 Courts: translators.(2011-2012)

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Amended  IN  Senate  June 27, 2011
Amended  IN  Assembly  May 05, 2011
Amended  IN  Assembly  March 21, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 810


Introduced  by  Assembly Member Wagner

February 17, 2011


An act to repeal Section 26806 of, and to repeal and add Section 69894.5 of, the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 810, as amended, Wagner. Courts: translators.
Existing law authorizes the clerk of the court, in a county with a population of 900,000 or more, to employ as many foreign language interpreters as are necessary to interpret in criminal and juvenile cases, and to translate documents intended for filing in any civil or criminal action or proceeding or for recordation in the county recorder’s office, as specified. Existing law authorizes an interpreter so employed to collect from the litigants a specified fee for his or her services, and to deposit the fee into the county treasury.
This bill would recast these provisions to authorize the clerk of the court to employ as many foreign language interpreters as may be necessary to interpret cases in the superior court, and to translate documents as specified. The bill would require the clerk of the court to assign interpreters when needed to interpret in criminal and juvenile delinquency cases in the superior court, and in civil cases if an assignment can be made without causing the court to be unable to perform its obligations in criminal proceedings. The bill would delete the authorization for the collection of a fee, and would state that these provisions are declarative of existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26806 of the Government Code is repealed.

SEC. 2.

 Section 69894.5 of the Government Code is repealed.

SEC. 3.

 Section 69894.5 is added to the Government Code, to read:

69894.5.
 (a) A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.
(b) The clerk of the court may employ as many foreign language interpreters as may be necessary to interpret cases in the superior court, and to translate documents as may be required, pursuant to the Trial Court Interpreter Employment and Labor Relations Act Chapter (Chapter 7.5 (commencing with Section 71800) of Title 8) 71800)).
(c) In addition to any other right to an interpreter, the clerk of the court shall, when interpreters are needed, assign interpreters to interpret in criminal and juvenile delinquency cases in the superior court.
(d) The clerk of the court may also assign interpreters to interpret in civil cases in the superior court, if an assignment in a civil case can be made without causing the court to be unable to perform its obligations in criminal proceedings.

(e)This section is declarative of existing law.