HB1142 102ND GENERAL ASSEMBLY

LRB102 03157 RLC 13170 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1142

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

725 ILCS 140/1

from Ch. 38, par. 165-11

Amends the Criminal Proceeding Interpreter Act. Makes a technical change in a Section concerning the appointment of an interpreter.

A BILL FOR

AN ACT concerning criminal law.

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

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

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

Sec. 1. Whenever any person accused of committing a felony or misdemeanor is to be tried in any court of this State, the 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 whom he can understand and who can understand him. 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.)