Effective - 28 Aug 2002
476.753. Interpretation of proceedings, when — admissibility of evidence — indigent persons. — 1. A designated responsible authority shall provide, based on a deaf person's expressed needs, auxiliary aids and services to interpret the proceedings to a deaf person and, if a deaf person gives testimony or other communication, to interpret the deaf person's testimony or other communication when:
(1) A deaf person is a party, juror or witness at any stage of any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including, but not limited to, any civil proceeding, criminal court proceeding or administrative hearing, preliminary hearing, postconviction proceeding, grand jury proceeding, proceeding before a magistrate, juvenile proceeding, adoption proceeding, parole or probation revocation proceeding or special proceeding;
(2) A juvenile whose parent, guardian or foster parent or other legally responsible party is deaf and such juvenile is brought before a court in any proceeding, including, but not limited to, any civil, criminal, or juvenile proceeding, including any investigation, interview or any other proceeding regarding the juvenile that is authorized by or held under the supervision of a court;
(3) A deaf person in any proceeding who may be subjected to confinement or criminal sanction or in any proceeding preliminary thereto, including, but not limited to, any coroner's inquest, grand jury proceeding, proceeding before a magistrate, juvenile proceeding and mental health commitment proceeding;
(4) There is any proceeding concerning the well-being or rehabilitation of a deaf person within a state prison, or juvenile detention or correctional facility, including, but not limited to, any disciplinary hearing, parole hearing, psychological evaluation/hearing, administrative hearing, sexual assault prevention program, counseling, medical care, any on-the-job or vocational training or any educational program.
2. No answer, statement, admission or other information, written or oral, shall be admissible as evidence in any judicial or administrative proceeding if obtained from a deaf person who is involuntarily detained or arrested before an interpreter or auxiliary aids and services are provided to that deaf person, based on the deaf person's expressed needs. No deaf arrestee, otherwise eligible for release, shall be held in custody pending arrival of an interpreter or auxiliary aids and services.
3. It is the policy and practice of any court of this state or of any of its political subdivisions to appoint counsel for indigent people in criminal proceedings, and the designated responsible authority shall provide and pay for an interpreter or provide auxiliary aids and services for deaf indigent people to assist in communication with counsel in all phases of the preparation and presentation of the case.
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(L. 1993 S.B. 88 § 5, A.L. 2002 H.B. 1715)
CROSS REFERENCE:
Admissibility of TDD, TTY, or TT communications, 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.).
Structure Missouri Revised Statutes
Chapter 476 - Courts — General Provisions
Section 476.001 - Purpose of law.
Section 476.010 - Courts of record.
Section 476.015 - Short title.
Section 476.020 - Courts to keep a seal.
Section 476.030 - Private seal used, when.
Section 476.050 - Records to be kept in English language.
Section 476.056 - Municipal court automation, duties of municipality.
Section 476.057 - Judicial personnel training fund, judicial personnel defined.
Section 476.058 - Court personnel defined — state court administration revolving fund created.
Section 476.060 - Interpreters appointed, when.
Section 476.062 - Court marshals' arrest powers — may carry firearms, when.
Section 476.070 - Power of courts to issue writs.
Section 476.080 - Court or clerk may appoint person to execute process, when.
Section 476.090 - Courts may enforce return of process.
Section 476.100 - No process abated by failure of court to sit.
Section 476.110 - Acts constituting contempt of court.
Section 476.120 - Punishment for contempt.
Section 476.130 - May be punished summarily, when.
Section 476.140 - Commitment for contempt to set forth particulars.
Section 476.150 - Contempt not to be used to enforce civil rights.
Section 476.160 - Parties may be indicted, when.
Section 476.170 - Sittings to be public.
Section 476.180 - Judge interested, not to sit.
Section 476.220 - Judge may call special term for disposition of cause pending.
Section 476.240 - May try civil cases at such special terms.
Section 476.250 - No court to sit on Sunday.
Section 476.260 - Court to audit accounts.
Section 476.265 - Judicial department, budget, procedure for formulation.
Section 476.270 - Expenditures of court to be paid out of county treasury — exceptions.
Section 476.280 - Oath of judges.
Section 476.290 - Judges not to practice law — exception, municipal judges.
Section 476.310 - No judge or clerk to have partner — exception.
Section 476.320 - Judicial conference of the state of Missouri established, members.
Section 476.330 - Conference shall meet, when.
Section 476.340 - Executive council shall be governing body, how formed — members.
Section 476.350 - Duties of judicial conference, executive council and circuit judges.
Section 476.360 - Clerks of various courts shall make reports to executive council.
Section 476.370 - Conference or council empowered to hold hearings.
Section 476.380 - Expense allowance for conference attendance.
Section 476.406 - Employees of twenty-second judicial circuit may work forty-hour week.
Section 476.410 - Transfer of case filed in wrong jurisdiction.
Section 476.419 - Securities, multiple recipients, requirements and limitations on court to divide.
Section 476.450 - Judges may become special commissioners, when — salary or retirement compensation.
Section 476.451 - Definitions.
Section 476.452 - Beneficiaries of special commissioners, benefits, how paid.
Section 476.453 - Judges of six years' service prior to law, eligible.
Section 476.455 - All judges under nonpartisan plan eligible for retirement.
Section 476.460 - Special commissioner subject to temporary duty.
Section 476.470 - Judge not eligible for retirement, when.
Section 476.490 - Expenses of special commissioner.
Section 476.500 - Acceptance by judge — procedure.
Section 476.510 - Practice of law permitted, when, requirements, exceptions.
Section 476.517 - One-time retirement plan election for certain judges.
Section 476.520 - Eligibility requirements.
Section 476.529 - New judges, election for reduced annuity, options.
Section 476.530 - Retirement compensation, how computed.
Section 476.535 - Survivor's benefits, how paid.
Section 476.540 - Refund of contributions, when — reentry into system, how.
Section 476.545 - Early retirement, reduced benefit, how computed.
Section 476.550 - Not eligible for benefits while retired under other plan.
Section 476.555 - Lump sum payments, when.
Section 476.560 - Disqualification by improper behavior.
Section 476.565 - Retiree may practice law, when, requirements, exceptions.
Section 476.575 - Definitions.
Section 476.580 - Retirement benefits, who administers, how paid.
Section 476.585 - No payroll deductions, when — accumulated contributions refunded, when, to whom.
Section 476.590 - Life insurance benefits to be provided judges, retired judges and dependents.
Section 476.601 - Special consultants, duties, compensation.
Section 476.680 - Votes, how counted and canvassed — governor to proclaim results (Clay County).
Section 476.687 - Previous state employment, additional credited service.
Section 476.688 - Compensation to be treated as other benefits.
Section 476.750 - Definitions.
Section 476.756 - Determination of qualification of interpreter.
Section 476.766 - Americans with disabilities act, requirements not to exceed.
Section 476.800 - Definitions.
Section 476.803 - Appointment of interpreters and translators, when — waiver, when — oath required.