Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 460-S.F.No. 1973
           An act relating to persons handicapped in 
          communication; requiring the arresting officer to 
          immediately obtain a qualified interpreter for a 
          person handicapped in communication who has been 
          arrested; amending Minnesota Statutes 1982, sections 
          546.42; 611.31; and 611.32. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 546.42, is 
amended to read: 
    546.42 [PERSONS HANDICAPPED IN COMMUNICATION; 
INTERPRETERS.] 
    For the purposes of sections 546.42 to 546.44 a person 
handicapped in communication is one who, because of a hearing, 
speech or other communication disorder, or because of the 
inability to speak or comprehend difficulty in speaking or 
comprehending the English language, is unable to fully 
understand the proceedings in which he is required to 
participate, or when named as a party to a legal proceeding, is 
unable by reason of the deficiency to obtain due process of law. 
    Sec. 2.  Minnesota Statutes 1982, section 611.31, is 
amended to read: 
    611.31 [HANDICAPPED PERSON.] 
    For the purposes of sections 611.30 to 611.34, "person 
handicapped in communication" means a person who:  (a) because 
of a hearing, speech or other communication disorder, or (b) 
because of the inability to speak or comprehend difficulty in 
speaking or comprehending the English language, cannot fully 
understand the proceedings or any charges made against him, or 
is incapable of presenting or assisting in the presentation of 
his defense. 
    Sec. 3.  Minnesota Statutes 1982, section 611.32, is 
amended to read: 
    611.32 [PROCEEDINGS WHERE INTERPRETER APPOINTED.] 
    Subdivision 1.  [PROCEEDINGS AND PRELIMINARY PROCEEDINGS 
INVOLVING POSSIBLE CRIMINAL SANCTIONS OR CONFINEMENT.] In any 
proceeding wherein in which a handicapped person handicapped in 
communication may be subjected to confinement or criminal 
sanction, or in any proceeding preliminary thereto to that 
proceeding, including coroner's inquest, grand jury proceedings, 
and proceedings relating to mental health commitments, the 
presiding judicial officer shall appoint a qualified interpreter 
to assist the handicapped person handicapped in communication 
and any witness handicapped in communication throughout the 
proceedings.  
    Subd. 2.  [PROCEEDINGS AT TIME OF APPREHENSION OR ARREST.] 
Upon Following the apprehension or arrest of a person 
handicapped in communication for an alleged violation of a 
criminal law and, the arresting officer, sheriff or other law 
enforcement official shall immediately make necessary contacts 
to obtain a qualified interpreter and shall obtain an 
interpreter at the earliest possible time at the place of 
detention.  A law enforcement officer shall, with the assistance 
of the interpreter, explain to the person handicapped in 
communication, all charges filed against him or her, and all 
procedures relating to his or her detainment and release.  The 
interpreter shall also assist the person with all other 
communications, including communications relating to needed 
medical attention.  Prior to interrogating or taking the 
statement of a handicapped the person handicapped in 
communication, the arresting officer, sheriff, or other law 
enforcement official shall make available to said the person, at 
the earliest possible time, a qualified interpreter to assist 
such the person throughout such the interrogation or taking of a 
statement. 
    Approved April 24, 1984