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§339. Communications made to interpreters; prohibition on disclosure


Published: 2015

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The Vermont Statutes Online



Title

01

:
General Provisions






Chapter

005

:
COMMON LAW; GENERAL RIGHTS






Subchapter

005
:
INTERPRETERS FOR JUDICIAL, ADMINISTRATIVE, AND LEGISLATIVE FINDINGS










 

§

339. Communications made to interpreters; prohibition on disclosure

(a) An

interpreter, whether or not the interpreter is a qualified interpreter, shall

not disclose or testify to:

(1) a

communication made by a person to an interpreter acting in his or her capacity

as an interpreter for a person who is deaf or hard of hearing or a person with

limited English proficiency; or

(2) any

information obtained by the interpreter while acting in his or her capacity as

an interpreter for a person who is deaf or hard of hearing or a person with

limited English proficiency.

(b) There is no

prohibition on disclosure under this section if the services of the interpreter

were sought or obtained to enable or aid anyone to commit or plan to commit

what the person who is deaf or hard of hearing or the person with limited

English proficiency knew or reasonably should have known to be a crime or

fraud.

(c)(1) This

section shall not be construed to limit or expand the effect of section 334 of

this title.

(2) This section

shall not be construed to alter or affect the mandatory reporting requirements

of 33 V.S.A. § 4913.

(d) As used in

this section, "person with limited English proficiency" means a

person who does not speak English as his or her primary language and who has a

limited ability to read, write, speak, or understand English. (Added 2003, No.

142 (Adj. Sess.), § 1; amended 2005, No. 167 (Adj. Sess.), § 10, eff. May 20,

2006; 2013, No. 96 (Adj. Sess.), § 3.)