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H.161

Introduced by   Representatives Kiss of Burlington, Cross of Winooski and Marek of Newfane

Referred to Committee on

Date:

Subject:  Interpreters; persons with limited English proficiency; prohibition on disclosure of communications   

Statement of purpose:  This bill proposes to prohibit the disclosure of  communications made to an interpreter acting in his or her capacity as an interpreter for a person with limited English proficiency.

AN ACT RELATING TO PROHIBITING DISCLOSURE OF COMMUNICATIONS MADE TO INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  1 V.S.A. § 339 is amended to read:

§ 339.  COMMUNICATIONS MADE TO INTERPRETERS; PROHIBITION

ON DISCLOSURE

(a)  An interpreter, whether or not the interpreter is a qualified interpreter, shall not disclose or testify to:

(1)  a communication made by a person to an interpreter acting in his or her capacity as an interpreter for a hearing impaired person or a person with limited English proficiency; or

(2)  any information obtained by the interpreter as a result of serving as an interpreter for a hearing impaired person or a person with limited English proficiency.

(b)  There is no prohibition on disclosure under this section if the services of the interpreter were sought or obtained to enable or aid anyone to commit or plan to commit what the hearing impaired person knew or reasonably should have known to be a crime or fraud.

(c)  This section shall not be construed to limit or expand the effect of section 334 of this title.

(d)  As used in this section, “person with limited English proficiency” means a person who does not speak English as his or her primary language and who has a limited ability to read, write, speak, or understand English. 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us