HB 2424 — Interpreters for persons who are deaf or hard of hearing; court may appoint certified interpreter.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E415 An Act to amend and reenact §§ 8.01-384.1 and 19.2-164.1 of the Code of Virginia, relating to N interpreters for persons who are deaf or hard of hearing.

R O [H 2424] Approved LMarch L23, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 8.01-384.1 and 19.2-164.1 of the Code of Virginia are amended and reenacted as E follows:

D§ In8.01-384.1. any civil proceeding in which a speech-impaired person or a person who is deaf or hard of hearing is a party or witness, the court may appoint a qualified interpreter to assist such person in the proceeding.

TheInterpreters court shall appoint an interpreter for any speech-impaired person or person who is deaf or hard of hearing whoin requestscivil thisproceedings. assistance.

InterpretersIn forany thecivil proceeding in which a speech-impaired person or a person who is deaf andor hard of hearing inis thesea proceedingsparty shallor bewitness, procuredthe throughcourt themay Departmentappoint fora thequalified Deafinterpreter andto Hard-of-Hearing;assist such person in the proceeding.

ifThe thecourt Departmentshall cannotappoint procurean suchinterpreter services,for thenany thespeech-impaired courtperson mayor appointperson awho readilyis availabledeaf interpreteror withInterpreters fullfor certificationthe fromdeaf theand Registryhard of Hnterpretershearing forin thethese Deaf,proceedings Inc.,shall orbe anprocured equivalentthrough nationalthe certification.Department for the Deaf and Hard-of-Hearing;

Suchif court-appointedthe interpreter's2Department quaAnycannot personprocure whosuch isservices, eligiblethen forthe ancourt interpretermay pursuantappoint toa thisreadily sectionavailable mayinterpreter waivewith full certification from the useRegistry of aning.Interpreters for the Deaf, Inc., or an equivalent national certification.

interpreterSuch appointedcourt-appointed byinterpreter's thequalifications courtare forsubject allto orreview aand portionapproval ofby the proceedings.Department for the Deaf and Hard-of-Hearing.

Any person who is eligible for an interpreter pursuant to this section may waive the use of an interpreter appointed by the court for all or a portion of the proceedings.

section).-164.1.§ 19.2-164.1.

Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this Insection). any criminal case in which a deaf person is the accused, an interpreter for the deaf person shall be appointed.

In any criminal case in which a deaf person is the accused, an interpreter for the deaf person shall be appointed.

The compensation of an interpreter appointed by the court pursuant to this section shall be fixed by shallthe notcourt beand assessedpaid from the general fund of the state treasury as part of the costs;expense of trial.

Such fee shall not be assessed as part of the costs;

Any counsel,waiver approval shall be madeapproved in writing by athe judicialdeaf officer.person's legal counsel.

AIf the person whodoes waivesnot hishave rightlegal tocounsel, anegalapproval interpretershall maybe providemade hisin ownwriting interpreterby ata hisjudicial ownofficer. expense without regard to whether the interpreter is qualified under this section.

A person who waives his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.

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