SB1950 94TH GENERAL ASSEMBLY

LRB094 07774 WGH 41585 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1950

Introduced 2/25/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

705 ILCS 78/Act rep.
705 ILCS 405/5-612 new
725 ILCS 140/Act title
725 ILCS 140/0.01	from Ch. 38, par. 165-10
725 ILCS 140/1	from Ch. 38, par. 165-11
725 ILCS 140/3	from Ch. 38, par. 165-13
725 ILCS 140/4 new

Repeals the Foreign Language Court Interpreter Act. Amends the Criminal Proceeding Interpreter Act. Changes the short title to the Court Interpreters Act. Provides that the court shall appoint an interpreter upon a motion made under the Delinquent Minors Article of the Juvenile Court Act of 1987 if the court determines that the individual for whom the interpreter is requested is not capable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel or court, and amends the Juvenile Court Act of 1987 accordingly. Provides that, from funds appropriated to the Department of Financial and Professional Regulation by the General Assembly for the purpose, the Department shall reimburse counties for the costs associated with required court interpreter services under the Delinquent Minors Article of the Juvenile Court Act of 1987. Provides that the Department shall develop qualifications for court appointed interpreters, compile and issue an examination for applicants for certification as foreign language interpreters, and certify interpreters who satisfactorily complete the examination. Provides that the Department may charge a reasonable fee for application and certification and that the fees shall be deposited into the Foreign Language Interpreter Fund. Provides that the costs of testing and certifying foreign language interpreters under the Act may be paid, subject to appropriation, from the Fund or any other source of funds available for those purposes. Provides that, for purposes of the State Finance Act, the Department is the successor to the Supreme Court with respect to the Foreign Language Interpreter Fund and the testing and certification of foreign language court interpreters. Provides that the Department shall maintain a list of certified foreign language interpreters and distribute the list to chief judges. Provides that the court shall appoint foreign language interpreters from the list in criminal and juvenile delinquency proceedings. Provides that, if a certified foreign language interpreter is unavailable, an uncertified interpreter may be appointed under specified circumstances and that a person entitled to the services of a foreign language interpreter may waive those services and provide an interpreter at his or her own expense.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning the courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

(705 ILCS 78/Act rep.)

Section 5. The Foreign Language Court Interpreter Act is repealed.

Section 10. The Juvenile Court Act of 1987 is amended by adding Section 5-612 as follows:

(705 ILCS 405/5-612 new)

Sec. 5-612. Court interpreter. At the adjudicatory hearing, the court shall, upon its own motion or that of the State, the guardian ad litem of the minor, the minor's parent, the legal guardian, the person having custody or control over the minor, or the nearest known relative if named in the petition, appoint a qualified interpreter to interpret the proceedings and testimony for any persons who are respondents in the proceedings and to interpret any statements or testimony that those respondents may be called upon to give to the court. The appointments shall be made in accordance with the Court Interpreters Act.

Section 15. The Criminal Proceeding Interpreter Act is amended by changing the title of the Act and Sections 0.01, 1, and 3 and by adding Section 4 as follows:

(725 ILCS 140/Act title)

An Act relating to the appointment of interpreters in State courts in certain juvenile and criminal proceedings.

(725 ILCS 140/0.01) (from Ch. 38, par. 165-10)

Sec. 0.01. Short title. This Act may be cited as the Court Interpreters Criminal Proceeding Interpreter Act.

(Source: P.A. 86-1324.)

(725 ILCS 140/1) (from Ch. 38, par. 165-11)

Sec. 1. Appointment.

(a) Whenever any person accused of committing a felony or misdemeanor is to be tried in any court of this State, the court shall upon its own motion or that of defense or prosecution determine whether the accused is capable of understanding the English language and is capable of expressing himself in the English language so as to be understood directly by counsel, court or jury. If the court finds the accused incapable of so understanding or so expressing himself, the court shall appoint an interpreter for the accused in accordance with this Act whom he can understand and who can understand him.

(b) The court shall appoint a foreign language interpreter upon a motion made under Section 5-612 of the Juvenile Court Act of 1987 if the court determines that the individual for whom the interpreter is requested is not capable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel or court.

(c) In compliance with the federal Americans with Disabilities Act of 1990, the right to communications access through a sign language interpreter or other means shall extend to a person with a disability who is accused of a violation of any penal statute of this State.

(Source: P.A. 88-201.)

(725 ILCS 140/3) (from Ch. 38, par. 165-13)

Sec. 3. The court shall determine a reasonable fee for all such interpreter services which shall be paid out of the general county funds. However, from funds appropriated to the Department of Financial and Professional Regulation by the General Assembly for this purpose, the Department shall reimburse counties for the costs associated with foreign language interpreter services required under subsection (b) of Section 1 of this Act.

(Source: P.A. 77-1527.)

(725 ILCS 140/4 new)

Sec. 4. Court-appointed foreign language interpreters; qualifications.

(a) The Department of Financial and Professional Regulation shall develop standards of qualifications for court-appointed foreign language interpreters. Consistent with those standards, the Department shall compile and issue an examination that adequately tests any applicant for certification as to his or her competence to interpret the language for which that applicant seeks to become certified. The examination shall be written and oral. The Department shall certify foreign language interpreters who have satisfactorily completed the examination. The Department may charge a reasonable fee for application and certification. The fee shall be set by the Department by rule. Application and certification fees shall be deposited into the Foreign Language Interpreter Fund in the State treasury. The costs of testing and certifying foreign language interpreters under this Act may be paid, subject to appropriation, from the Foreign Language Interpreter Fund or any other source of funds available for those purposes. For the purposes of Section 9b of the State Finance Act, the Department is the successor to the Supreme Court with respect to the Foreign Language Interpreter Fund and the testing and certification of foreign language court interpreters.

(b) The Department shall maintain an updated list of certified foreign language interpreters and distribute copies of the list to the chief judges of each of the judicial circuits. The court shall appoint foreign language interpreters from the list when complying with subsection (a) or (b) of Section 1 of this Act. In making appointments, preference shall be given to certified foreign language interpreters located closest to the locality in which the services of the foreign language interpreters are needed.

(c) If a certified foreign language interpreter is unavailable, an uncertified foreign language interpreter may be appointed if, in the opinion of the court, the uncertified foreign language interpreter is competent to serve as a foreign language interpreter under the circumstances of the case.

(d) A person entitled to the services of a foreign language interpreter under this Act may waive those services. The waiver must be in writing and approved by the court. A person who has waived the services of a foreign language interpreter under this Act may provide his or her own foreign language interpreter at his or her own expense, without regard to whether that foreign language interpreter is certified or qualified under this Act.