AN ACT to provide for and regulate the use of interpreters in administrative
and judicial proceedings and in certain other instances; to establish standards
for interpreters; and to provide compensation for interpreters, and to provide
for the promulgation of rules.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
The People of the State of Michigan enact:
393.501 Short title.
Sec. 1.
This act shall be known and may be cited as the “deaf persons' interpreters act”.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
Compiler's Note: For transfer of powers and duties of the commission on disability concerns established in Executive Order 1995-11 from the department of labor to the family independence agency, see E.R.O. No. 1996-2, compiled at § 445.2001 of the Michigan Compiled Laws.
© 2002 Legislative Council, State of Michigan
393.502 Definitions. [M.S.A. 17.55(102) ]
Sec. 2.
As used in this act:
(a) “Appointing authority” means a court or a department, board, commission, agency, or licensing authority of this state or a political subdivision of this state.
(b) “Certified interpreter” means, depending upon the need of the deaf person, either a certified oral interpreter or a certified sign language interpreter.
(c) “Certified oral interpreter” means a person who is able to convey information through facial and lip movement, and is certified by an organization which the division of deaf and deafened of the department of labor determines is an organization nationally recognized for the certification of persons who interpret for deaf persons.
(d) “Certified sign language interpreter” means an interpreter who uses sign language to convey information and who is certified by an organization which the division of deaf and deafened of the department of labor determines is an organization nationally recognized for the certification of persons who interpret for deaf persons.
(e) “Deaf person” means a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input; including, but not limited to, lip reading, sign language, finger spelling, or reading.
(f) “Intermediary interpreter” means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a hearing impaired person and a certified interpreter or qualified interpreter.
(g) “Qualified interpreter” means a person who is not a certified interpreter but whose qualifications for interpreting for deaf persons are determined by the division of deaf and deafened of the department of labor, with the advice of the Michigan association of deaf citizens and Michigan registry of interpreters for the deaf or their successor agencies, to be appropriate for interpreting for deaf persons.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.503 Right of deaf persons to certified or qualified interpreter in proceeding before court, grand jury, or appointing authority; appointment of interpreter; waiver; preliminary determination; intermediary interpreter. [M.S.A. 17.55(103) ]
Sec. 3.
(1) In any action before a court or a grand jury where a deaf person is a participant in the action, either as a plaintiff, defendant, or witness, the court shall appoint a certified interpreter or in its discretion, appoint a qualified interpreter, to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements, and to assist in preparation of the action with the deaf person's counsel.
(2) In a proceeding before an appointing authority, other than a court, the appointing authority shall appoint a certified interpreter or in its discretion, appoint a qualified interpreter, to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements in any proceeding before the appointing authority.
(3) The right of a deaf person to a certified interpreter or qualified interpreter shall not be waived except by a request for waiver in writing by the deaf person. A written waiver of a plaintiff or defendant is subject to the approval of the deaf person's counsel and the approval of the appointing authority.
(4) A certified interpreter or qualified interpreter shall not be appointed unless the appointing authority and the deaf person make a preliminary determination that that certified interpreter or qualified interpreter is able to readily communicate with the deaf person and to interpret the proceedings in which the deaf person is involved.
(5) If a certified interpreter or qualified interpreter states that the interpreter is unable to render a satisfactory interpretation and that an intermediary interpreter will improve the quality of the interpretation, the appointing authority shall appoint an intermediary interpreter to assist the certified interpreter or qualified interpreter.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.504 Notification of need for or right to interpreter; proof of deafness. [M.S.A. 17.55(104) ]
Sec. 4.
(1) Each deaf person whose appearance in an action or other proceeding entitles the deaf person to a certified interpreter or qualified interpreter shall notify the appointing authority of the need of a certified interpreter or qualified interpreter before the appearance.
(2) An appointing authority, when it knows a deaf person is, or will be coming before it, shall inform the deaf person of the right to a certified interpreter or qualified interpreter.
(3) An appointing authority may require a person requesting the appointment of a certified interpreter or qualified interpreter to furnish reasonable proof of the person's deafness, if the appointing authority has reason to believe that the person is not deaf.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.505 Arrest of deaf person; procuring interpreter; admissibility of statements made without interpreter. [M.S.A. 17.55(105) ]
Sec. 5.
(1) If a deaf person is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer and the officer's supervisor shall procure a certified interpreter or qualified interpreter in order to properly interrogate the deaf person and to interpret the deaf person's statements.
(2) A statement taken from a deaf person before a certified interpreter or qualified interpreter is present shall not be admissible in court.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.506 Oath or affirmation of interpreter; recess periods; information gathered by interpreter pertaining to pending proceeding confidential and privileged; waiver. [M.S.A. 17.55(106) ]
Sec. 6.
(1) Before a certified interpreter or qualified interpreter participates in any action or other proceeding because of an appointment under this act, the certified interpreter or qualified interpreter shall make an oath or affirmation that the certified interpreter or qualified interpreter will make a true interpretation in an understandable manner to the deaf person for whom the certified interpreter or qualified interpreter is appointed and that the certified interpreter or qualified interpreter will interpret the statements of the deaf person in the English language to the best of the interpreter's skill. The appointing authority shall provide recess periods as necessary for the certified interpreter or qualified interpreter when the certified interpreter or qualified interpreter so indicates.
(2) The information that the certified interpreter, qualified interpreter, or intermediary interpreter gathers from the deaf person pertaining to any action or other proceeding then pending shall at all times remain confidential and privileged, unless the deaf person executes a written waiver allowing the information to be communicated to other persons and the deaf person is present at the time the information is communicated.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.507 Fee and expenses of interpreter; payment; schedule of fees; duration of interpreter's availability. [M.S.A. 17.55(107) ]
Sec. 7.
(1) A court appointed interpreter, qualified interpreter, or intermediary interpreter shall be paid a fee by the court which it determines to be reasonable. A certified intrepreter, qualified interpreter, or intermediary interpreter appointed by an appointing authority other than a court shall be paid a fee by the appointing authority under a schedule of fees promulgated by the division of deaf and deafened of the department of labor with the advice of the Michigan registry of interpreter, for the deaf, pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. In addition, a certified interpreter, qualified interpreter, or intermediary interpreter shall be paid for his or her actual expenses for travel, meals, and lodging.
(2) If the certified interpreter, qualified interpreter, or intermediary interpreter is appointed by an appointing authority other than a court, the fee shall be paid out of funds available to the appropriate appointing authority.
(3) A certified interpreter or qualified interpreter appointed for the deaf person shall be available for the duration of the deaf person's participation in the action or other proceeding.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
© 2002 Legislative Council, State of Michigan
393.508 Channeling requests for interpreters through division on deafness; listing of interpreters. [M.S.A. 17.55(108) ]
Sec. 8.
(1) The appointing authority shall channel requests for certified interpreters, qualified interpreters, and intermediary interpreters through the division on deafness of the department of labor.
(2) The division on deafness of the department of labor shall compile and update annually a listing of certified interpreters, qualified interpreters, and intermediary interpreters and shall make this listing available to an appointing authority which may need the services of a certified interpreter, qualified interpreter, or intermediary interpreter as required by this act.
History: 1982, Act 204, Imd. Eff. July 1, 1982 ;--Am. 1988, Act 435, Eff. Mar.
30, 1989 .
© 2002 Legislative Council, State of Michigan
393.509 Conditional effective date. [M.S.A. 17.55(109) ]
Sec. 9.
This act shall not take effect unless Senate Bill No. 616 of the 81st Legislature is enacted into law.
History: 1982, Act 204, Imd. Eff. July 1, 1982 .
Compiler's Note: Senate Bill No. 616, referred to in this section, was approved by the Governor on July 1, 1982, and became P.A. 1982, No. 203, Imd. Eff. July 1, 1982.
© 2002 Legislative Council, State of Michigan