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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2378 By: Kannady
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2503.1, which relates to the
interpreter for the Deaf or Hard -of-Hearing
Privilege; providing that interpreters for Limited
English Proficient (LEP) persons; defining Limited
English Proficient (LEP) person; expanding certain
privileges; providing for when there is no privilege;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2503.1, is
amended to read as follows:
Section 2503.1 A. As used in this section:
1. An "interpreter" is a qualified legal interpr eter for the
deaf or hard-of-hearing, as defined by Section 2 408 of Title 63 of
the Oklahoma Statutes , or a spoken language inte rpreter for a
Limited English Proficient (LEP) person;
2. A "deaf or hard-of-hearing person" is a person whose sense
of hearing is nonfunctional for the ordinary purposes of life; and
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3. A "Limited English Proficient (LEP) person" is a person who
cannot speak or easily understand Eng lish; and
4. A communication is "confidential" if made privately and not
intended for further dis closure except to other persons present in
furtherance of the purpose of the communication.
B. A person has a privilege to refuse to disclose and to
prevent an interpreter from disclosing such person 's confidential
communication made while such interprete r is acting in the capacity
as an interpreter for persons who are deaf or hard-of-hearing or
LEP.
C. The privilege may be claimed by the interpreter, by the LEP
or deaf or hard-of-hearing person, by the guardian o r conservator of
the LEP or deaf or hard-of-hearing person, or by the personal
representative of the LEP or deaf or hard-of-hearing person if the
LEP or deaf or hard-of-hearing person is deceased.
D. An interpreter who is employed to interpret, transliter ate
or relay a conversation between a pers on who can hear and speak
English and a LEP or deaf or hard-of-hearing person is a conduit for
the conversation and may not disclose or be compelled to disclose,
through reporting or testimony , or by judicial process or subpoena,
the contents of a confiden tial communication.
E. There is no privilege pursuant to thi s section for
communications:
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1. If the services of the interpr eter were sought or obtained
to enable or aid anyone to commit or plan to commit what the LEP or
deaf or hard-of-hearing person knew, or reasonably should have
known, to be a crime or fraud or physical injury to the LEP or deaf
or hard-of-hearing person or another indiv idual;
2. In which the LEP or deaf or hard-of-hearing person has
expressed an intent to engage in conduct likely to result in
imminent death or serious bodily injury to the LEP or deaf or hard-
of-hearing person or another individual;
3. Relevant to an issue in a proce eding challenging the
competency of the interpreter;
4. Relevant to a breach of duty by the interprete r; or
5. That are subject to a duty to disclose under statut ory law.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
02/16/2023 - DO PASS.