Okla. Stat. tit. 12 § 2503.1

Current through Laws 2024, c. 453.

Section 2503.1 - Interpreter for the Deaf or Hard-of-Hearing Privilege

A. As used in this section:

1. An "interpreter" is a qualified legal interpreter for the deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of the Oklahoma Statutes, or a spoken language interpreter 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

3. A "Limited English Proficient (LEP) person" is a person who cannot speak or easily understand English; and

4. A communication is "confidential" if made privately and not intended for further disclosure 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 interpreter 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 or 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, transliterate or relay a conversation between a person 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 confidential communication.

E. There is no privilege pursuant to this section for communications:

1. If the services of the interpreter 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 individual;

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 proceeding challenging the competency of the interpreter;

4. Relevant to a breach of duty by the interpreter; or

5. That are subject to a duty to disclose under statutory law.

Okla. Stat. tit. 12, § 2503.1

Amended by Laws 2023 , c. 73, s. 1, eff. 11/1/2023.

Added by Laws 1993, HB 1187, c. 297, § 1, emerg. eff. 6/7/1993; Amended by Laws 2002 , HB 1939, c. 468, §37, eff. 11/1/2002; Renumbered from 12 O.S. § 2506.1 by Laws 2002 , HB 1939, c. 468, §78, eff. 11/1/2002; Amended by Laws 2005 , HB , c. 395, §10, eff. 11/1/2005.