Under current
Missouri state law, interpreters must be provided to deaf adults for
certain proceedings in state prisons. House Bill 1715 (HB 1715)
extends this requirement to mandate that responsible state
authorities provide interpreters to deaf persons in proceedings in
juvenile detention or correctional facilities.
HB 1715 was introduced by Representatives Danielle Moore and Chuck
Graham on 1/30/02, and was Truly Agreed To And Finally Passed by the
Missouri General Assembly on 4/30/02. The bill now awaits the
Governor' signature.
The Missouri Commission for the Deaf greatly appreciates the effort
that Representatives Moore and Graham,
and their staffs, have put into getting this bill passed. We are
hopeful that the Governor will sign the bill thus
ensuring a state statutory right to interpreters for deaf and hard
of hearing persons in juvenile detention and
correction centers
A copy of the complete text of the bill is appended.
__________________________________________________________________________________
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE BILL NO. 1715
91ST GENERAL ASSEMBLY
3594L.01T 2002
AN ACT
To repeal section 476.753, RSMo, and to enact in lieu thereof one
new section relating to interpreters for the hearing impaired.
Be it enacted by the General Assembly of the state of Missouri, as
follows:
Section A. Section 476.753, RSMo, is repealed and one new section
enacted in lieu thereof, to be known as section 476.753, to read as
follows:
476.753. 1. A designated responsible authority shall provide, based
on a deaf person's expressed needs, auxiliary aids and services to
interpret the proceedings to a deaf person and, if a deaf person
gives testimony or other communication, to interpret the deaf
person's testimony or other communication when:
(1) A deaf person is a party, juror or witness at any stage of any
judicial or quasi-judicial proceeding in this state or in its
political subdivisions, including, but not limited to, any civil
proceeding, criminal court proceeding or administrative hearing,
preliminary hearing, postconviction proceeding, grand jury
proceeding, proceeding before a magistrate, juvenile proceeding,
adoption proceeding, parole or probation revocation proceeding or
special proceeding;
(2) A juvenile whose parent, guardian or foster parent or other
legally responsible party is deaf and such juvenile is brought
before a court in any proceeding, including, but not limited to, any
civil, criminal, or juvenile proceeding, including any
investigation, interview or any other proceeding regarding the
juvenile that is authorized by or held under the supervision of a
court;
(3) A deaf person in any
proceeding who may be subjected to confinement or criminal sanction
or in any proceeding preliminary thereto, including, but not limited
to, any coroner's inquest, grand jury proceeding, proceeding before
a magistrate, juvenile proceeding and mental health commitment
proceeding;
(4) There is any proceeding
concerning the well-being or rehabilitation of a deaf person within
a state prison, or juvenile detention or correctional facility,
including, but not limited to, any disciplinary hearing, parole
hearing, psychological evaluation/hearing, administrative hearing,
sexual assault prevention program, counseling, medical care, any
on-the-job or vocational training or any educational program.
2. No answer, statement,
admission or other information, written or oral, shall be admissible
as evidence in any judicial or administrative proceeding if obtained
from a deaf person who is involuntarily detained or arrested before
an interpreter or auxiliary aids and services are provided to that
deaf person, based on the deaf person's expressed needs. No deaf
arrestee, otherwise eligible for release, shall be held in custody
pending arrival of an interpreter or auxiliary aids and services.
3. It is the policy and
practice of any court of this state or of any of its political
subdivisions to appoint counsel for indigent people in criminal
proceedings, and the designated responsible authority shall provide
and pay for an interpreter or provide auxiliary aids and services
for deaf indigent people to assist in communication with counsel in
all phases of the preparation and presentation of the case.
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