2009 California Evidence Code - Section 750-755.5 :: Chapter 4. Interpreters And Translators

EVIDENCE CODE
SECTION 750-755.5

750.  A person who serves as an interpreter or translator in any
action is subject to all the rules of law relating to witnesses.

751.  (a) An interpreter shall take an oath that he or she will make
a true interpretation to the witness in a language that the witness
understands and that he or she will make a true interpretation of the
witness' answers to questions to counsel, court, or jury, in the
English language, with his or her best skill and judgment.
   (b) In any proceeding in which a deaf or hard-of-hearing person is
testifying under oath, the interpreter certified pursuant to
subdivision (f) of Section 754 shall advise the court whenever he or
she is unable to comply with his or her oath taken pursuant to
subdivision (a).
   (c) A translator shall take an oath that he or she will make a
true translation in the English language of any writing he or she is
to decipher or translate.
   (d) An interpreter regularly employed by the court and certified
or registered in accordance with Article 4 (commencing with Section
68560) of Chapter 2 of Title 8 of the Government Code, or a
translator regularly employed by the court, may file an oath as
prescribed by this section with the clerk of the court. The filed
oath shall serve for all subsequent court proceedings until the
appointment is revoked by the court.

752.  (a) When a witness is incapable of understanding the English
language or is incapable of expressing himself or herself in the
English language so as to be understood directly by counsel, court,
and jury, an interpreter whom he or she can understand and who can
understand him or her shall be sworn to interpret for him or her.
   (b) The record shall identify the interpreter who may be appointed
and compensated as provided in Article 2 (commencing with Section
730) of Chapter 3.

753.  (a) When the written characters in a writing offered in
evidence are incapable of being deciphered or understood directly, a
translator who can decipher the characters or understand the language
shall be sworn to decipher or translate the writing.
   (b) The record shall identify the translator who may be appointed
and compensated as provided in Article 2 (commencing with Section
730) of Chapter 3.

754.  (a) As used in this section, "individual who is deaf or
hearing impaired" means an individual with a hearing loss so great as
to prevent his or her understanding language spoken in a normal
tone, but does not include an individual who is hearing impaired
provided with, and able to fully participate in the proceedings
through the use of, an assistive listening system or computer-aided
transcription equipment provided pursuant to Section 54.8 of the
Civil Code.
   (b) In any civil or criminal action, including, but not limited
to, any action involving a traffic or other infraction, any small
claims court proceeding, any juvenile court proceeding, any family
court proceeding or service, or any proceeding to determine the
mental competency of a person, in any court-ordered or court-provided
alternative dispute resolution, including mediation and arbitration,
or any administrative hearing, where a party or witness is an
individual who is deaf or hearing impaired and the individual who is
deaf or hearing impaired is present and participating, the
proceedings shall be interpreted in a language that the individual
who is deaf or hearing impaired understands by a qualified
interpreter appointed by the court or other appointing authority, or
as agreed upon.
   (c) For purposes of this section, "appointing authority" means a
court, department, board, commission, agency, licensing or
legislative body, or other body for proceedings requiring a qualified
interpreter.
   (d) For the purposes of this section, "interpreter" includes, but
is not limited to, an oral interpreter, a sign language interpreter,
or a deaf-blind interpreter, depending upon the needs of the
individual who is deaf or hearing impaired.
   (e) For purposes of this section, "intermediary interpreter" means
an individual who is deaf or hearing impaired, or a hearing
individual who is able to assist in providing an accurate
interpretation between spoken English and sign language or between
variants of sign language or between American Sign Language and other
foreign languages by acting as an intermediary between the
individual who is deaf or hearing impaired and the qualified
interpreter.
   (f) For purposes of this section, "qualified interpreter" means an
interpreter who has been certified as competent to interpret court
proceedings by a testing organization, agency, or educational
institution approved by the Judicial Council as qualified to
administer tests to court interpreters for individuals who are deaf
or hearing impaired.
   (g) In the event that the appointed interpreter is not familiar
with the use of particular signs by the individual who is deaf or
hearing impaired or his or her particular variant of sign language,
the court or other appointing authority shall, in consultation with
the individual who is deaf or hearing impaired or his or her
representative, appoint an intermediary interpreter.
   (h) Prior to July 1, 1992, the Judicial Council shall conduct a
study to establish the guidelines pursuant to which it shall
determine which testing organizations, agencies, or educational
institutions will be approved to administer tests for certification
of court interpreters for individuals who are deaf or hearing
impaired. It is the intent of the Legislature that the study obtain
the widest possible input from the public, including, but not limited
to, educational institutions, the judiciary, linguists, members of
the State Bar, court interpreters, members of professional
interpreting organizations, and members of the deaf and
hearing-impaired communities. After obtaining public comment and
completing its study, the Judicial Council shall publish these
guidelines. By January 1, 1997, the Judicial Council shall approve
one or more entities to administer testing for court interpreters for
individuals who are deaf or hearing impaired. Testing entities may
include educational institutions, testing organizations, joint powers
agencies, or public agencies.
   Commencing July 1, 1997, court interpreters for individuals who
are deaf or hearing impaired shall meet the qualifications specified
in subdivision (f).
   (i) Persons appointed to serve as interpreters under this section
shall be paid, in addition to actual travel costs, the prevailing
rate paid to persons employed by the court to provide other
interpreter services unless such service is considered to be a part
of the person's regular duties as an employee of the state, county,
or other political subdivision of the state. Payment of the
interpreter's fee shall be a charge against the county, or other
political subdivision of the state, in which that action is pending.
Payment of the interpreter's fee in administrative proceedings shall
be a charge against the appointing board or authority.
   (j) Whenever a peace officer or any other person having a law
enforcement or prosecutorial function in any criminal or
quasi-criminal investigation or proceeding questions or otherwise
interviews an alleged victim or witness who demonstrates or alleges
deafness or hearing impairment, a good faith effort to secure the
services of an interpreter shall be made, without any unnecessary
delay unless either the individual who is deaf or hearing impaired
affirmatively indicates that he or she does not need or cannot use an
interpreter, or an interpreter is not otherwise required by Title II
of the Americans with Disabilities Act of 1990 (Public Law 101-336)
and federal regulations adopted thereunder.
   (k) No statement, written or oral, made by an individual who the
court finds is deaf or hearing impaired in reply to a question of a
peace officer, or any other person having a law enforcement or
prosecutorial function in any criminal or quasi-criminal
investigation or proceeding, may be used against that individual who
is deaf or hearing impaired unless the question was accurately
interpreted and the statement was made knowingly, voluntarily, and
intelligently and was accurately interpreted, or the court makes
special findings that either the individual could not have used an
interpreter or an interpreter was not otherwise required by Title II
of the Americans with Disabilities Act of 1990 (Public Law 101-336)
and federal regulations adopted thereunder and that the statement was
made knowingly, voluntarily, and intelligently.
   (l) In obtaining services of an interpreter for purposes of
subdivision (j) or (k), priority shall be given to first obtaining a
qualified interpreter.
   (m) Nothing in subdivision (j) or (k) shall be deemed to supersede
the requirement of subdivision (b) for use of a qualified
interpreter for individuals who are deaf or hearing impaired
participating as parties or witnesses in a trial or hearing.
   (n) In any action or proceeding in which an individual who is deaf
or hearing impaired is a participant, the appointing authority shall
not commence proceedings until the appointed interpreter is in full
view of and spatially situated to assure proper communication with
the participating individual who is deaf or hearing impaired.
   (o) Each superior court shall maintain a current roster of
qualified interpreters certified pursuant to subdivision (f).

754.5.  Whenever an otherwise valid privilege exists between an
individual who is deaf or hearing impaired and another person, that
privilege is not waived merely because an interpreter was used to
facilitate their communication.

755.  (a) In any action or proceeding under Division 10 (commencing
with Section 6200) of the Family Code, and in any action or
proceeding under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code) or for dissolution
or nullity of marriage or legal separation of the parties in which a
protective order has been granted or is being sought pursuant to
Section 6221 of the Family Code, in which a party does not
proficiently speak or understand the English language, and that party
is present, an interpreter, as provided in this section, shall be
present to interpret the proceedings in a language that the party
understands, and to assist communication between the party and his or
her attorney. Notwithstanding this requirement, a court may issue an
ex parte order pursuant to Sections 2045 and 7710 of, and Article 1
(commencing with Section 6320) of Chapter 2 of Part 4 of Division 10
of the Family Code, without the presence of an interpreter. The
interpreter selected shall be certified pursuant to Article 4
(commencing with Section 68560) of Chapter 2 of Title 8 of the
Government Code, unless the court in its discretion appoints an
interpreter who is not certified.
   (b) The fees of interpreters utilized under this section shall be
paid as provided in subdivision (b) of Section 68092 of the
Government Code. However, the fees of an interpreter shall be waived
for a party who needs an interpreter and appears in forma pauperis
pursuant to Section 68511.3 of the Government Code. The Judicial
Council shall amend subdivision (i) of California Rule of Court 985
and revise its forms accordingly by July 1, 1996.
   (c) In any civil action in which an interpreter is required under
this section, the court shall not commence proceedings until the
appointed interpreter is present and situated near the party and his
or her attorney. However, this section shall not prohibit the court
from doing any of the following:
   (1) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
   (2) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
   (3) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing with information about
obtaining an interpreter.
   (d) This section does not prohibit the presence of any other
person to assist a party.
   (e) A local public entity may, and the Judicial Council shall,
apply to the appropriate state agency that receives federal funds
authorized pursuant to the federal Violence Against Women Act (P.L.
103-322) for these federal funds or for funds from sources other than
the state to implement this section. A local public entity and the
Judicial Council shall comply with the requirements of this section
only to the extent that any of these funds are made available.
   (f) The Judicial Council shall draft rules and modify forms
necessary to implement this section, including those for the petition
for a temporary restraining order and related forms, to inform both
parties of their right to an interpreter pursuant to this section.

755.5.  (a) During any medical examination, requested by an insurer
or by the defendant, of a person who is a party to a civil action and
who does not proficiently speak or understand the English language,
conducted for the purpose of determining damages in a civil action,
an interpreter shall be present to interpret the examination in a
language that the person understands. The interpreter shall be
certified pursuant to Article 8 (commencing with Section 11435.05) of
Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
   (b) The fees of interpreters used under subdivision (a) shall be
paid by the insurer or defendant requesting the medical examination.
   (c) The record of, or testimony concerning, any medical
examination conducted in violation of subdivision (a) shall be
inadmissible in the civil action for which it was conducted or any
other civil action.
   (d) This section does not prohibit the presence of any other
person to assist a party.
   (e) In the event that interpreters certified pursuant to Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code cannot be present at the
medical examination, upon stipulation of the parties the requester
specified in subdivision (a) shall have the discretionary authority
to provisionally qualify and use other interpreters.


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