Louisiana Revised Statutes 46:2364 – A. Whenever a person who is deaf or hard of hearing is a party or witness at any stage involving direct communication with persons who are deaf or hard of hearing or his legal repres
Terms Used In Louisiana Revised Statutes 46:2364
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appointing authority: means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body or of any proceeding of any nature where a qualified interpreter/transliterator is required pursuant to this Chapter. See Louisiana Revised Statutes 46:2362
- Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- person who is deaf or hard of hearing: means a person who, because of hearing loss, has difficulty understanding the communication occurring. See Louisiana Revised Statutes 46:2362
- Quasi-judicial proceeding: means any proceeding of a public administrative office or body which is required to investigate facts, ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature. See Louisiana Revised Statutes 46:2362
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. Whenever a person who is deaf or hard of hearing is a party or witness at any stage involving direct communication with persons who are deaf or hard of hearing or his legal representative or custodian during any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including but not limited to proceedings of civil and criminal court, grand jury, before a magistrate, juvenile, adoption, mental health commitment, and any proceeding in which a person who is deaf or hard of hearing may be subjected to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the person who is deaf or hard of hearing and to interpret or transliterate the testimony of the person who is deaf or hard of hearing.
B. Whenever a juvenile whose parent is deaf or hard of hearing is brought before a court for any reason, the court shall appoint and pay for a qualified interpreter/transliterator to interpret or transliterate the proceedings to the deaf or hard of hearing parent and to interpret or transliterate that parent’s testimony.
C. If any hearing or proceeding of any department, board, licensing authority, commission, or administrative agency of the state or of its political subdivision is held, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for deaf or hard of hearing participants.
D. Whenever a person who is deaf or hard of hearing is a witness before any legislative committee or subcommittee, or legislative research or study committee, or subcommittee or commission authorized by the state legislature or by the legislative body of any political subdivision of the state, the appointing authority shall appoint and pay for a qualified interpreter/transliterator to interpret/transliterate the proceedings to the person who is deaf or hard of hearing and to interpret/transliterate that person’s testimony.
E.(1) Whenever a person who is deaf or hard of hearing is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall procure and the court with jurisdiction over the alleged violation shall pay for a qualified interpreter/transliterator for any interrogation, warning, notification of rights, or taking of a statement.
(2) No person who is deaf or hard of hearing who has been arrested and who is otherwise eligible for release shall be held in custody pending arrival of an interpreter/transliterator.
(3) No answer, statement, or admission, written or oral, made by a person who is deaf or hard of hearing in reply to a question of a law enforcement officer or any other person having a prosecutorial function in any criminal proceeding may be used against that person who is deaf or hard of hearing unless either the statement was made or elicited through a qualified interpreter/transliterator and was made knowingly, voluntarily, and intelligently or, in the case of waiver of interpreters/transliterators, unless the court makes a special finding that any statement made by the person who is deaf or hard of hearing was made knowingly, voluntarily, and intelligently.
F. Where it is the policy and practice of a court of this state or of its political subdivisions to appoint counsel for indigent persons, the appointing authority shall appoint and pay for a qualified interpreter/transliterator for indigent people who are deaf or hard of hearing to assist in communication with counsel in all phases of the preparation and presentation of the case.
Added by Acts 1982, No. 135, §1. Acts 1984, No. 425, §1; Acts 2017, No. 146, §11.