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2007 SESSION
069522382Be it enacted by the General Assembly of Virginia:
1. That § 19.2-164 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-164. Interpreters for non-English-speaking persons.
In any criminal case in which a non-English-speaking person is
the accused, an interpreter for the non-English-speaking person shall be
appointed. In any criminal case in which a non-English-speaking person is a
victim or witness, an interpreter shall be appointed by the judge of the court
in which the case is to be heard unless the court finds that the person does
not require the services of a court-appointed interpreter. An English-speaking
person fluent in the language of the country of the accused, a victim or a
witness shall be appointed by the judge of the court in which the case is to be
heard, unless such person obtains an interpreter of his own choosing who is
approved by the court as being competent. The compensation of an interpreter
appointed by the court pursuant to this section shall be fixed by the court in
accordance with guidelines set by the Judicial Council of Virginia and shall be
paid from the general fund of the state treasury as part of the expense of
trial. Such fee shall not be assessed as part of the costs if the
defendant is found guilty. Whenever a person communicates through
an interpreter to any person under such circumstances that the communication
would be privileged, and such person could not be compelled to testify as to
the communications, this privilege shall also apply to the interpreter. The
provisions of this section shall apply in both circuit courts and district
courts.