093_HB2454eng

 
HB2454 Engrossed                     LRB093 08134 RLC 08339 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Criminal Proceeding  Interpreter  Act  is
 5    amended by changing Section 1 as follows:

 6        (725 ILCS 140/1) (from Ch. 38, par. 165-11)
 7        Sec.  1.  Whenever  any  person  accused  of committing a
 8    felony or misdemeanor is to be tried in  any  court  of  this
 9    State, the court shall upon its own motion or that of defense
10    or  prosecution  determine  whether the accused is capable of
11    understanding  the  English  language  and  is   capable   of
12    expressing  himself  in  the  English  language  so  as to be
13    understood directly by counsel, court or jury. If  the  court
14    finds  the  accused  incapable  of  so  understanding  or  so
15    expressing  himself,  the  court shall appoint an interpreter
16    for the accused whom he can understand and who can understand
17    him.  In  compliance  with   the   federal   Americans   with
18    Disabilities  Act of 1990, the right to communications access
19    through a sign language  interpreter  or  other  means  shall
20    extend  to  a  person  with  a disability who is accused of a
21    violation of any penal statute of this State.
22        If the court appoints an interpreter  (excluding  a  sign
23    interpreter),  the  court  may assess all or part of the fees
24    and costs of the interpreter against the person for whom  the
25    service  is  provided.   The court may not assess interpreter
26    fees or costs against a person found to be indigent.
27    (Source: P.A. 88-201.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.