74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 270
 
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 Senate Interim Committee on
  Judiciary for Oregon Judicial Department)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to jurors with disabilities; amending ORS 10.115; and
  declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  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
 
 
Enrolled Senate Bill 270 (SB 270-INTRO)                    Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by Senate February 19, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House April 12, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 270 (SB 270-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 270 (SB 270-INTRO)                    Page 3