74th OREGON LEGISLATIVE ASSEMBLY--2007 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 851
 
                         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)
 
 
                             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 as
introduced.
 
  Requires that person operating assistive communication device
for juror with disability be present during jury deliberations.
Prohibits person operating assistive communication device from
participating in jury deliberations.
  Declares emergency, effective on passage.
 
                        A BILL FOR 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
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. + }
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