42 Pa. C.S. § 4402

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 4402 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Administrative proceeding." Any proceeding other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law or in which law or regulation is particularized in application to individuals. The term includes an appeal as defined in 2 Pa.C.S. § 101 (relating to definitions).

"Certified interpreter." A person who:

(1) is readily able to interpret; and

(2) is certified by the Court Administrator in accordance with either Subchapter B (relating to court interpreters for persons with limited English proficiency) or Subchapter C (relating to court interpreters for persons who are deaf). "Court Administrator." The Court Administrator of Pennsylvania.

"Deaf." An impairment of hearing or speech which creates an inability to understand or communicate the spoken English language.

"Direct victim." A direct victim as defined in section 103 of the act of November 24, 1998 (P.L. 882, No. 111) , known as the Crime Victims Act.

"Immediate family member." A spouse, parent or child.

"Interpret." Either one of the following:

(1) For purposes of Subchapter B (relating to court interpreters for persons with limited English proficiency), to convey spoken and written English into the language of the person with limited English proficiency and to convey oral and written statements by the person with limited English proficiency into spoken English.

(2) For purposes of Subchapter C (relating to court interpreters for persons who are deaf), to convey spoken English in a manner understood by the person who is deaf through, but not limited to, American Sign Language and transliteration or the use of computer-aided real-time captioning (CART) or similar procedure, and to convey the communications made by the person who is deaf into spoken English.

"Interpreter." Includes both a certified interpreter and an otherwise qualified interpreter.

"Judicial proceeding." An action, appeal or proceeding in any court of this Commonwealth.

"Limited ability to speak or understand English." The ability to speak exclusively or primarily a language other than English and the inability to sufficiently speak or understand English.

"Otherwise qualified interpreter." A person who:

(1) For purposes of Subchapter B (relating to court interpreters for persons with limited English proficiency):

(i) is readily able to interpret; and

(ii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons with limited English proficiency as established by the Court Administrator in accordance with Subchapter B.

(2) For purposes of Subchapter C (relating to court interpreters for persons who are deaf):

(i) is readily able to interpret;

(ii) is certified by the National Association of the Deaf, the Registry of Interpreters for the Deaf or similar registry; and

(iii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons who are deaf as established by the Court Administrator in accordance with Subchapter C.

"Person who is deaf." A principal party in interest or a witness who is deaf.

"Person with limited English proficiency." A principal party in interest or a witness, who has limited ability to speak or understand English.

"Presiding judicial officer." Includes a judicial officer as defined in section 102 (relating to definitions).

"Principal party in interest." A person involved in a judicial proceeding who is a named party, defendant or direct victim in a criminal proceeding or proceeding, pursuant to Chapter 63 (relating to juvenile matters), will be bound by the decision or action or is foreclosed from pursuing that person's rights by the decision or action which may be taken in the judicial proceeding.

"Transliteration." To convey spoken or written English in an English-based sign system and the process of conveying an English-based sign system in spoken or written English.

"Witness." A person who testifies in a judicial proceeding.

42 Pa.C.S. § 4402

2006, Nov. 29, P.L. 1538, No. 172, §4, effective in 60 days [ 1/29/2007].