{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-164.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-164.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-164.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-164.1.html"}],"law_id":60354,"edition_id":1,"section_id":60354,"structure_id":15732,"section_number":"19.2-164.1","catch_line":"Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","history":"1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2023, cc. 415, 416.","full_text":"In any criminal case in which a deaf person is the accused, an interpreter for the deaf person shall be appointed. In any criminal case in which a deaf person is the victim or a witness, an interpreter for the deaf person shall be appointed by the court in which the case is to be heard unless the court finds that the deaf person does not require the services of a court-appointed interpreter and the deaf person waives his rights. Such interpreter shall be procured by the judge of the court in which the case is to be heard through the Department for the Deaf and Hard-of-Hearing.\n\t\tThe compensation of an interpreter appointed by the court pursuant to this section shall be fixed by the court and paid from the general fund of the state treasury as part of the expense of trial. Such fee shall not be assessed as part of the costs; if the Department cannot procure such services, then the court may appoint a readily available interpreter with full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification. Such court-appointed interpreter’s qualifications are subject to review and approval by the Department for the Deaf and Hard-of-Hearing.\n\t\tAny person entitled to the services of an interpreter under this section may waive these services for all or a portion of the proceedings. Such a waiver shall be made by the person upon the record after an opportunity to consult with legal counsel. A judicial officer, utilizing an interpreter obtained in accordance with this section, shall explain to the deaf person the nature and effect of any waiver. Any waiver shall be approved in writing by the deaf person’s legal counsel. If the person does not have legal counsel, approval shall be made in writing by a judicial officer. A person who waives his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.\n\t\tThe provisions of this section shall apply in both circuit courts and district courts.\n\t\tWhenever a person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter.\n\t\tIn any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.","order_by":null,"text":{"0":{"id":220730,"text":"In any criminal case in which a deaf person is the accused, an interpreter for the deaf person shall be appointed. In any criminal case in which a deaf person is the victim or a witness, an interpreter for the deaf person shall be appointed by the court in which the case is to be heard unless the court finds that the deaf person does not require the services of a court-appointed interpreter and the deaf person waives his rights. Such interpreter shall be procured by the judge of the court in which the case is to be heard through the Department for the Deaf and Hard-of-Hearing.\n\t\tThe compensation of an interpreter appointed by the court pursuant to this section shall be fixed by the court and paid from the general fund of the state treasury as part of the expense of trial. Such fee shall not be assessed as part of the costs; if the Department cannot procure such services, then the court may appoint a readily available interpreter with full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification. Such court-appointed interpreter’s qualifications are subject to review and approval by the Department for the Deaf and Hard-of-Hearing.\n\t\tAny person entitled to the services of an interpreter under this section may waive these services for all or a portion of the proceedings. Such a waiver shall be made by the person upon the record after an opportunity to consult with legal counsel. A judicial officer, utilizing an interpreter obtained in accordance with this section, shall explain to the deaf person the nature and effect of any waiver. Any waiver shall be approved in writing by the deaf person’s legal counsel. If the person does not have legal counsel, approval shall be made in writing by a judicial officer. A person who waives his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.\n\t\tThe provisions of this section shall apply in both circuit courts and district courts.\n\t\tWhenever a person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter.\n\t\tIn any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15732,"edition_id":1,"name":"Interpreters","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:58:31","date_modified":"2026-06-26 03:58:31","permalink":{"id":168433,"object_type":"structure","relational_id":15732,"identifier":"5","token":"19.2\/10\/5","url":"\/19.2\/10\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82705,"structure_id":15732,"section_number":"19.2-164","catch_line":"Interpreters for non-English-speaking persons (Supreme Court Rule 2:507 derived in part from this section)","url":"\/19.2-164\/","token":"19.2\/10\/5\/19.2-164","metadata":false},{"id":60354,"structure_id":15732,"section_number":"19.2-164.1","catch_line":"Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/19.2-164.1\/","token":"19.2\/10\/5\/19.2-164.1","metadata":false}],"previous_section":{"id":82705,"structure_id":15732,"section_number":"19.2-164","catch_line":"Interpreters for non-English-speaking persons (Supreme Court Rule 2:507 derived in part from this section)","url":"\/19.2-164\/","token":"19.2\/10\/5\/19.2-164","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-164.1\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 444 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 396; in 1995, chapter 546<\/a>; in 1996, chapter 402<\/a>; in 2023, chapters 415<\/a> and 416<\/a>.<\/p>","references":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"refers_to":false,"permalink":{"id":168439,"object_type":"law","relational_id":60354,"identifier":"19.2-164.1","token":"19.2\/10\/5\/19.2-164.1","url":"\/19.2-164.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-164.1\/","token":"19.2\/10\/5\/19.2-164.1","dublin_core":{"Title":"Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-164.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any criminal case in which a deaf person is the accused<\/span>, an interpreter for the deaf person shall be appointed. In any criminal case in which a deaf person is the victim or a witness<\/span>, an interpreter for the deaf person shall be appointed by the court<\/span> in which the case is to be heard unless the court<\/span> finds that the deaf person does not require the services of a court<\/span>-appointed interpreter and the deaf person waives<\/span> his rights. Such interpreter shall be procured by the judge<\/span> of the court<\/span> in which the case is to be heard through the Department for the Deaf and Hard-of-Hearing<\/span>.\n\t\tThe compensation of an interpreter appointed by the court<\/span> pursuant to this section shall be fixed by the court<\/span> and paid from the general fund of the state treasury as part of the expense of trial<\/span>. Such fee shall not be assessed as part of the costs; if the Department cannot procure such services, then the court<\/span> may appoint a readily available interpreter with full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification. Such court<\/span>-appointed interpreter’s qualifications are subject to review and approval by the Department for the Deaf and Hard-of-Hearing<\/span>.\n\t\tAny person entitled to the services of an interpreter under this section may waive<\/span> these services for all or a portion of the proceedings. Such a waiver<\/span> shall be made by the person upon the record after an opportunity to consult with legal counsel<\/span>. A judicial officer, utilizing an interpreter obtained in accordance with this section, shall explain to the deaf person the nature and effect of any waiver<\/span>. Any waiver<\/span> shall be approved in writing by the deaf person’s legal counsel<\/span>. If the person does not have legal counsel<\/span>, approval shall be made in writing by a judicial officer. A person who waives<\/span> his right to an interpreter may provide his own interpreter at his own expense without regard to whether the interpreter is qualified under this section.\n\t\tThe provisions of this section shall apply in both circuit<\/span> courts<\/span> and district courts<\/span>.\n\t\tWhenever a person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege<\/span> shall also apply to the interpreter.\n\t\tIn any judicial proceeding, the judge<\/span> on his own motion<\/span> or on the motion<\/span> of a party<\/span> to the proceeding may order<\/span> all of the testimony<\/span> of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript<\/span> of the proceedings.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERPRETERS FOR THE DEAF (SUPREME COURT RULE 2:507 DERIVED IN PART FROM THIS\nSECTION) (\u00a7 19.2-164.1)\n\nIn any criminal case in which a deaf person is the accused, an interpreter for\nthe deaf person shall be appointed. In any criminal case in which a deaf person\nis the victim or a witness, an interpreter for the deaf person shall be\nappointed by the court in which the case is to be heard unless the court finds\nthat the deaf person does not require the services of a court-appointed\ninterpreter and the deaf person waives his rights. Such interpreter shall be\nprocured by the judge of the court in which the case is to be heard through the\nDepartment for the Deaf and Hard-of-Hearing.\n\t\tThe compensation of an interpreter appointed by the court pursuant to this\nsection shall be fixed by the court and paid from the general fund of the state\ntreasury as part of the expense of trial. Such fee shall not be assessed as part\nof the costs; if the Department cannot procure such services, then the court may\nappoint a readily available interpreter with full certification from the\nRegistry of Interpreters for the Deaf, Inc., or an equivalent national\ncertification. Such court-appointed interpreter’s qualifications are\nsubject to review and approval by the Department for the Deaf and\nHard-of-Hearing.\n\t\tAny person entitled to the services of an interpreter under this section may\nwaive these services for all or a portion of the proceedings. Such a waiver\nshall be made by the person upon the record after an opportunity to consult with\nlegal counsel. A judicial officer, utilizing an interpreter obtained in\naccordance with this section, shall explain to the deaf person the nature and\neffect of any waiver. Any waiver shall be approved in writing by the deaf\nperson’s legal counsel. If the person does not have legal counsel,\napproval shall be made in writing by a judicial officer. A person who waives his\nright to an interpreter may provide his own interpreter at his own expense\nwithout regard to whether the interpreter is qualified under this section.\n\t\tThe provisions of this section shall apply in both circuit courts and district\ncourts.\n\t\tWhenever a person communicates through an interpreter to any person under such\ncircumstances that the communication would be privileged, and such person could\nnot be compelled to testify as to the communications, this privilege shall also\napply to the interpreter.\n\t\tIn any judicial proceeding, the judge on his own motion or on the motion of a\nparty to the proceeding may order all of the testimony of a deaf person and the\ninterpretation thereof to be visually electronically recorded for use in\nverification of the official transcript of the proceedings.\n\nHISTORY: 1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2023, cc. 415,\n416.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}