Communications made to interpreters; prohibition on disclosure

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§ 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.)


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