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ENGROSSED HOUSE
BILL NO. 2378 By: Kannady of the House
and
Seifried of the Senate
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.
Passed the House of Representatives the 22nd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate