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1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-164 and 19.2-164.1 of the Code of Virginia are 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 the 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
victim 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 or the language of the country of the
, a victim or a witness shall be appointed by the judge of
the court in which the case is to be heard, unless the accused or the victim
shall obtain such person obtains an interpreter of his own choosing
who is approved by the court as being competent. In either event The
compensation of such an interpreter appointed by the court
pursuant to this section shall be fixed by the court 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.
§ 19.2-164.1. Interpreters for the deaf.
In any criminal case in which a deaf person is the accused, an interpreter for
the deaf person shall be appointed. In any criminal case in which a deaf person
is the victim or a witness, an interpreter for the deaf person shall be
appointed by the court in which the case is to be heard unless the court finds
that the deaf person does not require the services of a court-appointed
interpreter and the victim deaf person waives his rights. Such
interpreter shall be procured by the judge of the court in which the case is to
be heard through the Department for the Deaf and Hard-of-Hearing.
The compensation of an interpreter appointed by the court pursuant to this section shall be fixed by the court and 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.
Any person entitled to the services of an interpreter under this section may waive these services for all or a portion of the proceedings. Such a waiver shall be made by the person upon the record after an opportunity to consult with legal counsel. A judicial officer, utilizing an interpreter obtained in accordance with this section, shall explain to the deaf person the nature and effect of any waiver. Any waiver shall be approved in writing by the deaf person's legal counsel. If the person does not have legal counsel, approval shall be made in writing by a judicial officer. A person who waives his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.
The provisions of this section shall apply in both circuit courts and district courts.
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.
In any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.