Interpretation of proceedings, when--admissibility ofevidence--indigent persons.
476.753. 1. A designated responsible authority shall provide, basedon a deaf person's expressed needs, auxiliary aids and services tointerpret the proceedings to a deaf person and, if a deaf person givestestimony or other communication, to interpret the deaf person's testimonyor other communication when:
(1) A deaf person is a party, juror or witness at any stage of anyjudicial or quasi-judicial proceeding in this state or in its politicalsubdivisions, including, but not limited to, any civil proceeding, criminalcourt proceeding or administrative hearing, preliminary hearing,postconviction proceeding, grand jury proceeding, proceeding before amagistrate, juvenile proceeding, adoption proceeding, parole or probationrevocation proceeding or special proceeding;
(2) A juvenile whose parent, guardian or foster parent or otherlegally responsible party is deaf and such juvenile is brought before acourt in any proceeding, including, but not limited to, any civil,criminal, or juvenile proceeding, including any investigation, interview orany other proceeding regarding the juvenile that is authorized by or heldunder the supervision of a court;
(3) A deaf person in any proceeding who may be subjected toconfinement or criminal sanction or in any proceeding preliminary thereto,including, but not limited to, any coroner's inquest, grand juryproceeding, proceeding before a magistrate, juvenile proceeding and mentalhealth commitment proceeding;
(4) There is any proceeding concerning the well-being orrehabilitation of a deaf person within a state prison, or juveniledetention or correctional facility, including, but not limited to, anydisciplinary hearing, parole hearing, psychological evaluation/hearing,administrative hearing, sexual assault prevention program, counseling,medical care, any on-the-job or vocational training or any educationalprogram.
2. No answer, statement, admission or other information, written ororal, shall be admissible as evidence in any judicial or administrativeproceeding if obtained from a deaf person who is involuntarily detained orarrested before an interpreter or auxiliary aids and services are providedto that deaf person, based on the deaf person's expressed needs. No deafarrestee, otherwise eligible for release, shall be held in custody pendingarrival of an interpreter or auxiliary aids and services.
3. It is the policy and practice of any court of this state or of anyof its political subdivisions to appoint counsel for indigent people incriminal proceedings, and the designated responsible authority shallprovide and pay for an interpreter or provide auxiliary aids and servicesfor deaf indigent people to assist in communication with counsel in allphases of the preparation and presentation of the case.
(L. 1993 S.B. 88 § 5, A.L. 2002 H.B. 1715)
CROSS REFERENCE:
Admissibility of TDD, TTY, or TT communications, RSMo 490.722
(2005) Section requires that trial court provide deaf venireman with interpreter. State v. Wilson, 169 S.W.3d 571 (Mo.App.W.D.).
Interpretation of proceedings, when--admissibility ofevidence--indigent persons.
476.753. 1. A designated responsible authority shall provide, basedon a deaf person's expressed needs, auxiliary aids and services tointerpret the proceedings to a deaf person and, if a deaf person givestestimony or other communication, to interpret the deaf person's testimonyor other communication when:
(1) A deaf person is a party, juror or witness at any stage of anyjudicial or quasi-judicial proceeding in this state or in its politicalsubdivisions, including, but not limited to, any civil proceeding, criminalcourt proceeding or administrative hearing, preliminary hearing,postconviction proceeding, grand jury proceeding, proceeding before amagistrate, juvenile proceeding, adoption proceeding, parole or probationrevocation proceeding or special proceeding;
(2) A juvenile whose parent, guardian or foster parent or otherlegally responsible party is deaf and such juvenile is brought before acourt in any proceeding, including, but not limited to, any civil,criminal, or juvenile proceeding, including any investigation, interview orany other proceeding regarding the juvenile that is authorized by or heldunder the supervision of a court;
(3) A deaf person in any proceeding who may be subjected toconfinement or criminal sanction or in any proceeding preliminary thereto,including, but not limited to, any coroner's inquest, grand juryproceeding, proceeding before a magistrate, juvenile proceeding and mentalhealth commitment proceeding;
(4) There is any proceeding concerning the well-being orrehabilitation of a deaf person within a state prison, or juveniledetention or correctional facility, including, but not limited to, anydisciplinary hearing, parole hearing, psychological evaluation/hearing,administrative hearing, sexual assault prevention program, counseling,medical care, any on-the-job or vocational training or any educationalprogram.
2. No answer, statement, admission or other information, written ororal, shall be admissible as evidence in any judicial or administrativeproceeding if obtained from a deaf person who is involuntarily detained orarrested before an interpreter or auxiliary aids and services are providedto that deaf person, based on the deaf person's expressed needs. No deafarrestee, otherwise eligible for release, shall be held in custody pendingarrival of an interpreter or auxiliary aids and services.
3. It is the policy and practice of any court of this state or of anyof its political subdivisions to appoint counsel for indigent people incriminal proceedings, and the designated responsible authority shallprovide and pay for an interpreter or provide auxiliary aids and servicesfor deaf indigent people to assist in communication with counsel in allphases of the preparation and presentation of the case.
(L. 1993 S.B. 88 § 5, A.L. 2002 H.B. 1715)
CROSS REFERENCE:
Admissibility of TDD, TTY, or TT communications, RSMo 490.722
(2005) Section requires that trial court provide deaf venireman with interpreter. State v. Wilson, 169 S.W.3d 571 (Mo.App.W.D.).
Interpretation of proceedings, when--admissibility ofevidence--indigent persons.
476.753. 1. A designated responsible authority shall provide, basedon a deaf person's expressed needs, auxiliary aids and services tointerpret the proceedings to a deaf person and, if a deaf person givestestimony or other communication, to interpret the deaf person's testimonyor other communication when:
(1) A deaf person is a party, juror or witness at any stage of anyjudicial or quasi-judicial proceeding in this state or in its politicalsubdivisions, including, but not limited to, any civil proceeding, criminalcourt proceeding or administrative hearing, preliminary hearing,postconviction proceeding, grand jury proceeding, proceeding before amagistrate, juvenile proceeding, adoption proceeding, parole or probationrevocation proceeding or special proceeding;
(2) A juvenile whose parent, guardian or foster parent or otherlegally responsible party is deaf and such juvenile is brought before acourt in any proceeding, including, but not limited to, any civil,criminal, or juvenile proceeding, including any investigation, interview orany other proceeding regarding the juvenile that is authorized by or heldunder the supervision of a court;
(3) A deaf person in any proceeding who may be subjected toconfinement or criminal sanction or in any proceeding preliminary thereto,including, but not limited to, any coroner's inquest, grand juryproceeding, proceeding before a magistrate, juvenile proceeding and mentalhealth commitment proceeding;
(4) There is any proceeding concerning the well-being orrehabilitation of a deaf person within a state prison, or juveniledetention or correctional facility, including, but not limited to, anydisciplinary hearing, parole hearing, psychological evaluation/hearing,administrative hearing, sexual assault prevention program, counseling,medical care, any on-the-job or vocational training or any educationalprogram.
2. No answer, statement, admission or other information, written ororal, shall be admissible as evidence in any judicial or administrativeproceeding if obtained from a deaf person who is involuntarily detained orarrested before an interpreter or auxiliary aids and services are providedto that deaf person, based on the deaf person's expressed needs. No deafarrestee, otherwise eligible for release, shall be held in custody pendingarrival of an interpreter or auxiliary aids and services.
3. It is the policy and practice of any court of this state or of anyof its political subdivisions to appoint counsel for indigent people incriminal proceedings, and the designated responsible authority shallprovide and pay for an interpreter or provide auxiliary aids and servicesfor deaf indigent people to assist in communication with counsel in allphases of the preparation and presentation of the case.
(L. 1993 S.B. 88 § 5, A.L. 2002 H.B. 1715)
CROSS REFERENCE:
Admissibility of TDD, TTY, or TT communications, RSMo 490.722
(2005) Section requires that trial court provide deaf venireman with interpreter. State v. Wilson, 169 S.W.3d 571 (Mo.App.W.D.).
