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2007 SESSION
078090264Be 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. 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.