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2010 SESSION
10104524DBe 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 unless (i) an
interpreter has been appointed for the defendant, (ii) the defendant fails to
appear, (iii) the interpreter appears in the case and no other case on that
date, and (iv) the defendant is convicted of a failure to appear on that date
the interpreter appeared in the case, then the court, in its discretion, if
the defendant is found not guilty and shall be assessed as part of court costs
if the defendant is found guilty. may assess as costs the fee paid to
the interpreter. 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.