Texas Code of Criminal Procedure - Article 38.30. Interpreter
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Art. 38.30. [733] [816] [796] INTERPRETER. (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. 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.
(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:
(1) licensed court interpreters as defined by Section
57.001, Government Code; or
(2) federally certified court interpreters.
(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 is appointed to
serve shall be paid at the same rate applicable to state employees.
(c) A county commissioners court may set a payment schedule
and expend funds for the services of interpreters in excess of the
daily amount of not less than $15 or more than $100 established by
Subsection (b) of this article.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 1, eff. Aug.
27, 1979; Acts 1991, 72nd Leg., ch. 700, Sec. 1, eff. June 16, 1991.
Subsecs. (a), (a-1), and (b) amended by Acts 2005, 79th Leg., ch.
956, Sec. 1, eff. Sept. 1, 2005.
Article: 38.18 38.19 38.21 38.22 38.23 38.25 38.27 38.30 38.31 38.32 38.33 38.34 38.35 38.36 38.37
Last modified: August 11, 2007
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