Chapter 243 Oregon Laws 2001

AN ACT

SB 77

Relating to interpreters in grand jury proceedings; amending ORS 45.288 and 132.090; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 132.090 is amended to read:

132.090. (1) Except as provided in [subsection (2)] subsections (2) and (3) of this section, no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.

(2) Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a reporter who shall attend the sittings of the grand jury to take and report the testimony in any matters pending before the grand jury, and may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with mental retardation, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint [an interpreter,] a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.

(3) The district attorney may designate an interpreter who is certified under ORS 45.291 to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.

[(3)] (4) No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.

[(4)] (5) As used in this section, “mental retardation” has the meaning given that term in ORS 427.005. Mental retardation may be shown by attaching to the motion of the district attorney:

(a) Documentary evidence of intellectual functioning; or

(b) The affidavit of a qualified person familiar with the person with mental retardation. “Qualified person” includes, but is not limited to, a teacher, therapist or physician.

SECTION 2. ORS 45.288, as amended by section 6, chapter 1041, Oregon Laws 1999, is amended to read:

45.288. (1) Except as provided by this section, whenever a court is required to appoint an interpreter for any person in a proceeding before the court, or whenever a hearing officer is required to appoint an interpreter in an adjudicatory proceeding, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter who has been certified under ORS 45.291. If no certified interpreter is available, able or willing to serve, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter. Upon request of a party or witness, the court, hearing officer or designee of the hearing officer, in the discretion of the court, hearing officer or the designee of the hearing officer, may appoint a qualified interpreter to act as an interpreter in lieu of a certified interpreter in any case or adjudicatory proceeding.

(2) The requirements of this section apply to appointments of interpreters for disabled persons, as defined in ORS 45.285, and for non-English-speaking persons, as defined in ORS 45.275.

(3) The court, hearing officer or the designee of the hearing officer may not appoint any person under ORS 45.272 to 45.297 or 132.090 if:

(a) The person has a conflict of interest with any of the parties or witnesses in the proceeding;

(b) The person is unable to understand the judge, hearing officer, party or witness, or cannot be understood by the judge, hearing officer, party or witness; or

(c) The person is unable to work cooperatively with the judge of the court, the hearing officer, the person in need of an interpreter or the counsel for that person.

(4) The Supreme Court shall adopt a code of professional responsibility for interpreters. The code is binding on all interpreters who provide interpreter services in the courts or in adjudicatory proceedings before agencies, and on all persons who supervise or administer the provision of interpreter services in the courts or in adjudicatory proceedings before agencies.

(5) For the purposes of this section, “qualified interpreter” means a person who meets the requirements of ORS 45.285 for a disabled person, or a person who meets the requirements of ORS 45.275 for a non-English-speaking person.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date July 1, 2001

__________