(1) As used in this section:

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Terms Used In Oregon Statutes 133.515

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • person with a disability: means any person who:

    (a) Has a physical or mental impairment which substantially limits one or more major life activities;

    (b) Has a record of such an impairment; or

    (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

(a) ‘Person with a disability’ means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation of a defense, because of deafness, or because of a physical hearing impairment or physical speaking impairment.

(b) ‘Qualified interpreter’ means a person who is readily able to communicate with the person with a disability, translate the proceedings, and accurately repeat and translate the statements of the person with a disability to the officer or other person.

(2) Upon the arrest of a person with a disability and before interrogating or taking the statement of the person with a disability, the arresting peace officer, or when the arrest is by a private person, the officer to whom the person with a disability is delivered, shall make available to the person with a disability, at the earliest possible time, a qualified interpreter to assist the person with a disability throughout the interrogation or taking of a statement.

(3) The public employer of the arresting peace officer or officer to whom the person with a disability is delivered shall pay the fees and expenses of the qualified interpreter. [1973 c.386 § 3; 1981 s.s. c.3 § 139; 1989 c.224 § 9; 2007 c.70 § 34; 2015 c.397 § 1]