Full Text of SB1950 94th General Assembly
SB1950 94TH GENERAL ASSEMBLY
|
|
|
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
|
|
|
|
|
SB1950 |
|
LRB094 07774 WGH 41585 b |
|
| 1 |
| AN ACT concerning the courts.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| (705 ILCS 78/Act rep.)
| 5 |
| Section 5. The Foreign Language Court Interpreter Act is | 6 |
| repealed. | 7 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 8 |
| adding Section 5-612 as follows: | 9 |
| (705 ILCS 405/5-612 new) | 10 |
| Sec. 5-612. Court interpreter. At the adjudicatory
| 11 |
| hearing, the court shall, upon its own motion or that of the
| 12 |
| State, the guardian ad litem of the minor, the minor's
parent, | 13 |
| the legal guardian, the person having custody or
control over | 14 |
| the minor, or the nearest known relative if named
in the | 15 |
| petition, appoint a qualified interpreter to interpret
the | 16 |
| proceedings and testimony for any persons who are
respondents | 17 |
| in the proceedings and to interpret any
statements or testimony | 18 |
| that those respondents may be called
upon to give to the court. | 19 |
| The appointments shall be made
in accordance with the Court | 20 |
| Interpreters Act. | 21 |
| Section 15. The Criminal Proceeding Interpreter Act is | 22 |
| amended by changing the title of the Act and Sections 0.01, 1, | 23 |
| and 3 and by adding Section 4 as follows:
| 24 |
| (725 ILCS 140/Act title)
| 25 |
| An Act relating to the appointment of
interpreters in State | 26 |
| courts in certain juvenile and criminal proceedings.
| 27 |
| (725 ILCS 140/0.01) (from Ch. 38, par. 165-10)
| 28 |
| Sec. 0.01. Short title. This Act may be cited as the
Court |
|
|
|
SB1950 |
- 2 - |
LRB094 07774 WGH 41585 b |
|
| 1 |
| Interpreters
Criminal Proceeding Interpreter Act.
| 2 |
| (Source: P.A. 86-1324.)
| 3 |
| (725 ILCS 140/1) (from Ch. 38, par. 165-11)
| 4 |
| Sec. 1. Appointment.
| 5 |
| (a) Whenever any person accused of committing a felony or | 6 |
| misdemeanor is
to be tried in any court of this State, the | 7 |
| court shall upon its own motion or
that of defense or | 8 |
| prosecution determine whether the accused is capable of
| 9 |
| understanding the English language and is capable of expressing | 10 |
| himself in the
English language so as to be understood directly | 11 |
| by counsel, court or jury. If
the court finds the accused | 12 |
| incapable of so understanding or so expressing
himself, the | 13 |
| court shall appoint an interpreter for the accused in | 14 |
| accordance with this Act
whom he can
understand and who can | 15 |
| understand him . | 16 |
| (b) The court shall appoint a foreign language interpreter | 17 |
| upon a
motion made under Section 5-612 of the Juvenile Court | 18 |
| Act of 1987 if the
court determines that the individual for | 19 |
| whom the interpreter
is requested is not capable of | 20 |
| understanding the English
language or expressing himself or | 21 |
| herself in the English language so as
to be understood directly | 22 |
| by counsel or court.
| 23 |
| (c) In compliance with the federal Americans
with | 24 |
| Disabilities Act of 1990, the right to communications access | 25 |
| through a
sign language interpreter or other means shall extend | 26 |
| to a person with a
disability who is accused of a violation of | 27 |
| any penal statute of this State.
| 28 |
| (Source: P.A. 88-201.)
| 29 |
| (725 ILCS 140/3) (from Ch. 38, par. 165-13)
| 30 |
| Sec. 3. The court shall determine a reasonable fee for all | 31 |
| such interpreter
services which shall be paid out of the | 32 |
| general county funds. However, from funds appropriated to
the | 33 |
| Department of Financial and Professional Regulation by the | 34 |
| General
Assembly for this purpose, the Department shall |
|
|
|
SB1950 |
- 3 - |
LRB094 07774 WGH 41585 b |
|
| 1 |
| reimburse counties for the costs associated with foreign | 2 |
| language interpreter services required under subsection (b) of | 3 |
| Section 1 of this Act.
| 4 |
| (Source: P.A. 77-1527.)
| 5 |
| (725 ILCS 140/4 new)
| 6 |
| Sec. 4. Court-appointed
foreign language interpreters; | 7 |
| qualifications. | 8 |
| (a) The Department of Financial and Professional | 9 |
| Regulation
shall develop standards of qualifications for | 10 |
| court-appointed
foreign language interpreters.
Consistent with | 11 |
| those standards, the Department shall
compile and issue an | 12 |
| examination that adequately tests any
applicant for | 13 |
| certification as to his or her competence to
interpret the | 14 |
| language for which that applicant seeks to
become certified. | 15 |
| The examination shall be written and
oral. The Department shall | 16 |
| certify foreign language interpreters who
have satisfactorily | 17 |
| completed the examination. The
Department may charge a | 18 |
| reasonable fee for application and
certification. The fee shall | 19 |
| be set by the Department by rule. Application and
certification | 20 |
| fees shall be deposited into the Foreign Language Interpreter | 21 |
| Fund in the State treasury. The costs of testing and
certifying | 22 |
| foreign language interpreters under this Act may be paid, | 23 |
| subject to appropriation, from the Foreign Language | 24 |
| Interpreter Fund or any other source of funds available for | 25 |
| those purposes. For the purposes of Section 9b of the State | 26 |
| Finance Act, the Department is the successor to the Supreme | 27 |
| Court with respect to the Foreign Language Interpreter Fund and | 28 |
| the testing and certification of foreign language court | 29 |
| interpreters. | 30 |
| (b) The Department shall maintain an updated list of
| 31 |
| certified foreign language interpreters and distribute copies | 32 |
| of the list to
the chief judges of each of the judicial | 33 |
| circuits. The court
shall appoint foreign language | 34 |
| interpreters from the list when complying with
subsection (a) | 35 |
| or (b) of Section 1 of this Act. In making appointments,
|
|
|
|
SB1950 |
- 4 - |
LRB094 07774 WGH 41585 b |
|
| 1 |
| preference shall be given to certified foreign language | 2 |
| interpreters
located closest to the locality in which the | 3 |
| services of the foreign language interpreters are needed. | 4 |
| (c) If a certified foreign language interpreter is | 5 |
| unavailable, an
uncertified foreign language interpreter may | 6 |
| be appointed if, in the opinion of
the court, the uncertified | 7 |
| foreign language interpreter is competent to serve as a foreign | 8 |
| language
interpreter under the circumstances of the case. | 9 |
| (d) A person entitled to the services of a foreign language | 10 |
| interpreter
under this Act may waive those services. The waiver | 11 |
| must be
in writing and approved by the court. A person who has | 12 |
| waived
the services of a foreign language interpreter under | 13 |
| this Act may provide his or her own foreign language | 14 |
| interpreter
at his or her own expense, without regard to | 15 |
| whether that
foreign language interpreter is certified or | 16 |
| qualified under this Act.
|
|