Texas Code of Criminal Procedure - Article 38.31. Interpreters For Deaf Persons
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Art. 38.31. [733A] INTERPRETERS FOR DEAF PERSONS. (a) If
the court is notified by a party that the defendant is deaf and will
be present at an arraignment, hearing, examining trial, or trial,
or that a witness is deaf and will be called at a hearing, examining
trial, or trial, the court shall appoint a qualified interpreter to
interpret the proceedings in any language that the deaf person can
understand, including but not limited to sign language. On the
court's motion or the motion of a party, the court may order
testimony of a deaf witness and the interpretation of that
testimony by the interpreter visually, electronically recorded for
use in verification of the transcription of the reporter's notes.
The clerk of the court shall include that recording in the appellate
record if requested by a party under Article 40.09 of this Code.
(b) Following the filing of an indictment, information, or
complaint against a deaf defendant, the court on the motion of the
defendant shall appoint a qualified interpreter to interpret in a
language that the defendant can understand, including but not
limited to sign language, communications concerning the case
between the defendant and defense counsel. The interpreter may not
disclose a communication between the defendant and defense counsel
or a fact that came to the attention of the interpreter while
interpreting those communications if defense counsel may not
disclose that communication or fact.
(c) In all cases where the mental condition of a person is
being considered and where such person may be committed to a mental
institution, and where such person is deaf, all of the court
proceedings pertaining to him shall be interpreted by a qualified
interpreter appointed by the court.
(d) A proceeding for which an interpreter is required to be
appointed under this Article may not commence until the appointed
interpreter is in a position not exceeding ten feet from and in full
view of the deaf person.
(e) The interpreter appointed under the terms of this
Article shall be required to take an oath that he will make a true
interpretation to the person accused or being examined, which
person is deaf, of all the proceedings of his case in a language
that he understands; and that he will repeat said deaf person's
answer to questions to counsel, court, or jury, in the English
language, in his best skill and judgment.
(f) Interpreters appointed under this Article are entitled
to a reasonable fee determined by the court after considering the
recommendations of the Texas Commission for the Deaf and Hard of
Hearing. When travel of the interpreter is involved all the actual
expenses of travel, lodging, and meals incurred by the interpreter
pertaining to the case he is appointed to serve shall be paid at the
same rate applicable to state employees.
(g) In this Code:
(1) "Deaf person" means a person who has a hearing
impairment, regardless of whether the person also has a speech
impairment, that inhibits the person's comprehension of the
proceedings or communication with others.
Text of subsec. (g)(2) effective until Sept. 1, 2006
(2) "Qualified interpreter" means an interpreter for the
deaf who holds a current Reverse Skills Certificate, Comprehensive
Skills Certificate, Master's Comprehensive Skills Certificate, or
Legal Skills Certificate issued by the National Registry of
Interpreters for the Deaf or a current Level III, IV, or V
Certificate issued by the Board for Evaluation of Interpreters.
Text of subsec. (g)(2) effective Sept. 1, 2006
(2) "Qualified interpreter" means an interpreter for the
deaf who holds a current legal certificate issued by the National
Registry of Interpreters for the Deaf or a current court
interpreter certificate issued by the Board for Evaluation of
Interpreters at the Department of Assistive or Rehabilitative
Services.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1967, 60th Leg., p. 195, ch. 105, Sec. 2, eff. Aug.
28, 1967; Acts 1979, 66th Leg., p. 396, ch. 186, Sec. 1, eff. May
15, 1979; Acts 1987, 70th Leg., ch. 434, Sec. 1, eff. June 17, 1987;
Acts 1995, 74th Leg., ch. 835, Sec. 14, eff. Sept. 1, 1995.
Subsec. (g)(2) amended by Acts 2005, 79th Leg., ch. 614, Sec. 11,
eff. Sept. 1, 2006.
Article: 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 38.38
Last modified: August 11, 2007
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