Chapter 96
AN ACT
SB 270
Relating to jurors with disabilities; amending ORS 10.115; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 10.115 is amended to read:
10.115. (1) As used in
this section:
(a) “Assistive
communication device” means any equipment designed to facilitate communication
by a [disabled] person with a
disability.
(b) “[Disabled] Juror with a disability”
means a person who is hearing or speech impaired, who is summoned to serve as a
juror and whose name is drawn for grand jury or trial jury service.
(c) “Qualified
interpreter” means a person who is readily able to communicate with a [disabled] juror with a disability,
accurately communicate the proceedings to the juror and accurately repeat the
statements of the juror.
(2) The court to which a
[disabled] juror with a disability
is summoned, upon written request by the juror and upon a finding by the court
that the juror requires the services of a qualified interpreter or the use of
an assistive communication device in examination of the juror as to the juror’s
qualifications to act as a juror or in performance by the juror of the
functions of a juror, shall appoint a qualified interpreter for the juror and
shall fix the compensation and expenses of the interpreter and shall provide an
appropriate assistive communication device if needed. The compensation and
expenses of an interpreter so appointed and the cost of any assistive
communication device shall be paid by the public authority required to pay the
fees due to the juror.
(3) An oath or
affirmation shall be administered to a qualified interpreter appointed for a [disabled] juror with a disability,
in substance that the interpreter will accurately communicate the proceedings
to the juror and accurately repeat the statements of the juror.
(4) [Except as provided in subsection (5) of this
section,] A qualified interpreter appointed for a [disabled] juror with a disability, or a person operating an
assistive communication device for a juror with a disability, shall be
present during deliberations by the jury on which the juror serves. [The interpreter shall] An interpreter
or person operating an assistive communication device may not participate
in the jury deliberations in any manner except to facilitate communication
between the [disabled] juror with
a disability and the other jurors or other persons with whom the jurors may
communicate, and the court shall so instruct the jury and the interpreter.
(5) When a [disabled] juror with a disability
serves on a trial jury [each party to the
proceeding shall stipulate to the presence of the qualified interpreter
appointed for the juror during jury deliberations, and shall prepare and
deliver to the court proposed instructions in respect to the interpreter],
the court shall instruct the jury on the presence of the qualified interpreter
or person operating an assistive communication device.
SECTION 2. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date May 7, 2007
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