2006 Code of Virginia § 19.2-164.1 - Interpreters for the deaf

19.2-164.1. Interpreters for the deaf.

In any criminal case in which a deaf person is the accused, an interpreterfor the deaf person shall be appointed. In any criminal case in which a deafperson is the victim or a witness, an interpreter for the deaf person shallbe appointed by the court in which the case is to be heard unless the courtfinds that the deaf person does not require the services of a court-appointedinterpreter and the deaf person waives his rights. Such interpreter shall beprocured by the judge of the court in which the case is to be heard throughthe Department for the Deaf and Hard-of-Hearing.

The compensation of an interpreter appointed by the court pursuant to thissection shall be fixed by the court and paid from the general fund of thestate treasury as part of the expense of trial. Such fee shall not beassessed as part of the costs.

Any person entitled to the services of an interpreter under this section maywaive these services for all or a portion of the proceedings. Such a waivershall be made by the person upon the record after an opportunity to consultwith legal counsel. A judicial officer, utilizing an interpreter obtained inaccordance with this section, shall explain to the deaf person the nature andeffect of any waiver. Any waiver shall be approved in writing by the deafperson's legal counsel. If the person does not have legal counsel, approvalshall be made in writing by a judicial officer. A person who waives his rightto an interpreter may provide his own interpreter at his own expense withoutregard to whether the interpreter is qualified under this section.

The provisions of this section shall apply in both circuit courts anddistrict courts.

Whenever a person communicates through an interpreter to any person undersuch circumstances that the communication would be privileged, and suchperson could not be compelled to testify as to the communications, thisprivilege shall also apply to the interpreter.

In any judicial proceeding, the judge on his own motion or on the motion of aparty to the proceeding may order all of the testimony of a deaf person andthe interpretation thereof to be visually electronically recorded for use inverification of the official transcript of the proceedings.

(1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402.)