§2364. Interpreter/transliterator required

A. Whenever a person who is deaf or hard of hearing is a party or witness at any stage involving direct communication with persons who are deaf or hard of hearing or his legal representative or custodian during any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including but not limited to proceedings of civil and criminal court, grand jury, before a magistrate, juvenile, adoption, mental health commitment, and any proceeding in which a person who is deaf or hard of hearing may be subjected to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the person who is deaf or hard of hearing and to interpret or transliterate the testimony of the person who is deaf or hard of hearing.

B. Whenever a juvenile whose parent is deaf or hard of hearing is brought before a court for any reason, the court shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the deaf or hard of hearing parent and to interpret or transliterate that parent's testimony.

C. If any hearing or proceeding of any department, board, licensing authority, commission, or administrative agency of the state or of its political subdivision is held, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for deaf or hard of hearing participants.

D. Whenever a person who is deaf or hard of hearing is a witness before any legislative committee or subcommittee, or legislative research or study committee, or subcommittee or commission authorized by the state legislature or by the legislative body of any political subdivision of the state, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret/transliterate the proceedings to the person who is deaf or hard of hearing and to interpret/transliterate that person's testimony.

E.(1) Whenever a person who is deaf or hard of hearing is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall procure and the court with jurisdiction over the alleged violation shall pay for a qualified interpreter/transliterator for any interrogation, warning, notification of rights, or taking of a statement.

(2) No person who is deaf or hard of hearing who has been arrested and who is otherwise eligible for release shall be held in custody pending arrival of an interpreter/transliterator.

(3) No answer, statement, or admission, written or oral, made by a person who is deaf or hard of hearing in reply to a question of a law enforcement officer or any other person having a prosecutorial function in any criminal proceeding may be used against that person who is deaf or hard of hearing unless either the statement was made or elicited through a qualified interpreter/transliterator and was made knowingly, voluntarily, and intelligently or, in the case of waiver of interpreters/transliterators, unless the court makes a special finding that any statement made by the person who is deaf or hard of hearing was made knowingly, voluntarily, and intelligently.

F. Where it is the policy and practice of a court of this state or of its political subdivisions to appoint counsel for indigent persons, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for indigent people who are deaf or hard of hearing to assist in communication with counsel in all phases of the preparation and presentation of the case.

Added by Acts 1982, No. 135, §1. Acts 1984, No. 425, §1; Acts 2017, No. 146, §11.