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79R6811 RMB-F

By:  Madden                                                       H.B. No. 1601



A BILL TO BE ENTITLED

AN ACT

relating to the use of telephone interpreter services in a criminal 
case.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 38.30, Code of Criminal Procedure, is 
amended by amending Subsections (a) and (b) and adding Subsection 
(a-1) to read as follows:
	(a)  When a motion for appointment of an interpreter is filed 
by any party or on motion of the court, in any criminal proceeding, 
it is determined that a person charged or a witness does not 
understand and speak the English language, an interpreter must be 
sworn to interpret for the person charged or the witness [him].  Any 
person may be subpoenaed, attached or recognized in any criminal 
action or proceeding, to appear before the proper judge or court to 
act as interpreter therein, under the same rules and penalties as 
are provided for witnesses.  In the event that the only available 
interpreter is not considered to possess adequate interpreting 
skills for the particular situation or the interpreter is not 
familiar with use of slang, the person charged or witness may be 
permitted by the court to nominate another person to act as 
intermediary between the person charged or witness [himself] and 
the appointed interpreter during the proceedings.
	(a-1)  A qualified telephone interpreter may be sworn to 
interpret for the person in the trial of a Class C misdemeanor or a 
proceeding before a magistrate if an interpreter is not available 
to appear in person before the court or if the only available 
interpreter is not considered to possess adequate interpreting 
skills for the particular situation or is unfamiliar with the use of 
slang.  In this subsection, "qualified telephone interpreter" means 
a telephone service that employs licensed court interpreters as 
defined by Section 57.001, Government Code.
	(b)  Except as provided by Subsection (c) of this article, 
interpreters appointed under the terms of this article will receive 
from the general fund of the county for their services a sum not to 
exceed $100 a day as follows:  interpreters shall be paid not less 
than $15 nor more than $100 a day at the discretion of the judge 
presiding, and when travel of the interpreter is involved all the 
actual expenses of travel, lodging, and meals incurred by the 
interpreter pertaining to the case the interpreter [he] is 
appointed to serve shall be paid at the same rate applicable to 
state employees.
	SECTION 2.  This Act takes effect September 1, 2005.