Kentucky Statutes 30A.400 – Interpreters — Appointment — Hearing to determine need
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(1) If a person has been detained in police custody or has been arrested, an interpreter shall be provided prior to any interrogation or taking of a statement from the person if the court determines he meets the criteria set forth in KRS § 30A.410.
(2) Any statement made by a person who is entitled to the services of an interpreter under subsection (1) of this section to a law enforcement officer may be used as evidence against that person only if the statement was made, offered, or elicited in the presence of a qualified interpreter. This subsection shall not deny a person the right to make a voluntary confession.
(3) If the eligibility of the individual for an interpreter is challenged, the judge may, on good cause shown, hold a hearing to determine the bona fide need for interpreter services.
(4) If it is determined that the person is not entitled to these services, no portion of KRS
30A.425 to 30A.435 shall apply to him.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 405, sec. 7, effective July 15, 1994; and ch. 452, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 5, effective July 14, 1992. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 64, effective January 2, 1978.
Legislative Research Commission Note (7/15/94). This section was amended by 1994
Ky. Acts chs. 405 and 452 which do not appear to be in conflict and have been codified together.
(2) Any statement made by a person who is entitled to the services of an interpreter under subsection (1) of this section to a law enforcement officer may be used as evidence against that person only if the statement was made, offered, or elicited in the presence of a qualified interpreter. This subsection shall not deny a person the right to make a voluntary confession.
Terms Used In Kentucky Statutes 30A.400
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) If the eligibility of the individual for an interpreter is challenged, the judge may, on good cause shown, hold a hearing to determine the bona fide need for interpreter services.
(4) If it is determined that the person is not entitled to these services, no portion of KRS
30A.425 to 30A.435 shall apply to him.
Effective: July 15, 1994.
History: Amended 1994 Ky. Acts ch. 405, sec. 7, effective July 15, 1994; and ch. 452, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 5, effective July 14, 1992. — Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 64, effective January 2, 1978.
Legislative Research Commission Note (7/15/94). This section was amended by 1994
Ky. Acts chs. 405 and 452 which do not appear to be in conflict and have been codified together.