California 2011-2012 Regular Session Status: Passed Assembly

AB 618 — Court interpreters.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and for establishing these programs and examinations through the normal budgetary process. This bill would enact the California Language Access Bill of Rights. The bill would provide that a person who is unable to understand English, and who is charged with a crime, has the right to a competent interpreter provided by the court to provide exclusive and ongoing interpretation services throughout the proceedings. The bill would provide that a person who is charged with a crime, and for whom a noncertified, nonregistered interpreter has been appointed, has a right to object to the interpreter at any time during the proceeding that the interpreter appears to be unqualified. The bill would require the court to record specified information and to follow all procedures required pursuant to court rule. The bill would prohibit a noninterpreter staff person of the court, or any person employed by the sheriff, probation department, prosecutor, jail, or corrections department of the prosecuting city or county from providing interpreter services during a proceeding. The bill would permit the rights provided pursuant to these provisions only to be waived expressly by the person charged if the waiver is affirmatively shown to be intelligent and voluntary. The bill also would set forth legislative findings and declarations relating to ensuring an adequate supply of court interpreters without sacrificing essential standards for certification.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  4. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 5). Re-referred to Com. on APPR.

  5. In committee: Set, first hearing. Hearing canceled at the request of author.

  6. Re-referred to Com. on PUB. S.

  7. Re-referred to Com. on RLS.

  8. Withdrawn from committee.

  9. Referred to Com. on JUD.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 24. Page 1735.)

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered to second reading.

  14. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

  15. In committee: Set, first hearing. Referred to APPR. suspense file.

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (May 3).

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

  • Furutani · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Furutani

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Passed 52 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 512204
Democratic 1000
Republican 0200
Total 522404
% of votes cast 65%30%0%5%
How each member voted (80)
Member Party Vote
Hagman — Nay
Hall — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Butler — Yea
Gatto — Yea
Gordon — Yea
Hayashi — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Beall — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Gorell — Not Voting
Campos — Yea
Fletcher — Nay
Halderman — Nay
Harkey — Nay
Jeffries — Not Voting
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Norby — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Galgiani — Yea
Garrick — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Gatto — Yea
Harkey — Nay
Hill — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Nay
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Norby — Nay
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 618 do?
Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and for establishing these programs and examinations through the normal budgetary process. This bill would enact the California Language Access Bill of Rights. The bill would provide that a person who is unable to understand English, and who is charged with a crime, has the right to a competent interpreter provided by the court to provide exclusive and ongoing interpretation services throughout the proceedings. The bill would provide that a person who is charged with a crime, and for whom a noncertified, nonregistered interpreter has been appointed, has a right to object to the interpreter at any time during the proceeding that the interpreter appears to be unqualified. The bill would require the court to record specified information and to follow all procedures required pursuant to court rule. The bill would prohibit a noninterpreter staff person of the court, or any person employed by the sheriff, probation department, prosecutor, jail, or corrections department of the prosecuting city or county from providing interpreter services during a proceeding. The bill would permit the rights provided pursuant to these provisions only to be waived expressly by the person charged if the waiver is affirmatively shown to be intelligent and voluntary. The bill also would set forth legislative findings and declarations relating to ensuring an adequate supply of court interpreters without sacrificing essential standards for certification.
Who sponsors AB 618?
AB 618 is sponsored by Furutani.
What is the current status of AB 618?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 618?
Track AB 618 free on One Click Politics — get push/email alerts when it moves.

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