71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1185-1
 
                           A-Engrossed
 
                         Senate Bill 77
                Ordered by the Senate February 14
          Including Senate Amendments dated February 14
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Judiciary
  Committee for Judicial Department, Access to Justice for All
  Committee)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Requires that qualified and certified interpreter be
appointed in grand jury proceedings unless certified interpreter
is not available. Establishes qualifications for interpreters
appointed in grand jury proceedings when certified interpreter is
not available. - }
   { +  Permits district attorney to designate certified
interpreter to interpret testimony in grand jury proceedings.
Permits district attorney to designate qualified interpreter if
court determines certified interpreter is not available. + }
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
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. + }
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