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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60354</law_id><section_number>19.2-164.1</section_number><catch_line>Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-11.01</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="10">Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts</unit><unit label="article" level="3" order_by="1" identifier="5">Interpreters</unit></structure><text>
						<section><p>In any criminal case in which a deaf person is the <span class="dictionary">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 <span class="dictionary">witness</span>, an interpreter for the deaf person shall be appointed by the <span class="dictionary">court</span> in which the case is to be heard unless the <span class="dictionary">court</span> finds that the deaf person does not require the services of a <span class="dictionary">court</span>-appointed interpreter and the deaf person <span class="dictionary">waives</span> his rights. Such interpreter shall be procured by the <span class="dictionary">judge</span> of the <span class="dictionary">court</span> in which the case is to be heard through the Department for the Deaf and Hard-of-<span class="dictionary">Hearing</span>.
		The compensation of an interpreter appointed by the <span class="dictionary">court</span> pursuant to this section shall be fixed by the <span class="dictionary">court</span> and paid from the general fund of the state treasury as part of the expense of <span class="dictionary">trial</span>. Such fee shall not be assessed as part of the costs; if the Department cannot procure such services, then the <span class="dictionary">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 <span class="dictionary">court</span>-appointed interpreter&#x2019;s qualifications are subject to review and approval by the Department for the Deaf and Hard-of-<span class="dictionary">Hearing</span>.
		Any person entitled to the services of an interpreter under this section may <span class="dictionary">waive</span> these services for all or a portion of the proceedings. Such a <span class="dictionary">waiver</span> shall be made by the person upon the record after an opportunity to consult with legal <span class="dictionary">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 <span class="dictionary">waiver</span>. Any <span class="dictionary">waiver</span> shall be approved in writing by the deaf person&#x2019;s legal <span class="dictionary">counsel</span>. If the person does not have legal <span class="dictionary">counsel</span>, approval shall be made in writing by a judicial officer. A person who <span class="dictionary">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.
		The provisions of this section shall apply in both <span class="dictionary">circuit</span> <span class="dictionary">courts</span> and district <span class="dictionary">courts</span>.
		Whenever 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 <span class="dictionary">privilege</span> shall also apply to the interpreter.
		In any judicial proceeding, the <span class="dictionary">judge</span> on his own <span class="dictionary">motion</span> or on the <span class="dictionary">motion</span> of a <span class="dictionary">party</span> to the proceeding may <span class="dictionary">order</span> all of the <span class="dictionary">testimony</span> of a deaf person and the interpretation thereof to be visually electronically recorded for use in verification of the official <span class="dictionary">transcript</span> of the proceedings.</p></section></text><history>1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2023, cc. 415, 416.</history><metadata></metadata></law>
