| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appointment of an interpreter in a criminal |
|
|
proceeding. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 38.30 (a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) In any criminal proceeding, when [When] a motion for |
|
|
appointment of an interpreter is filed by any party or on motion of |
|
|
the court [, in any criminal proceeding,] and if the court |
|
|
determines [it is determined] that a person charged or a witness |
|
|
does not understand and speak the English language, an interpreter |
|
|
must be appointed as provided by Section 57.002, Government Code, |
|
|
and sworn to interpret for the person charged or the witness. |
|
|
Subject to Section 57.002, Governemt Code, any [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 and the |
|
|
appointed interpreter during the proceedings. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |