(1) Except as provided in subsections (2) and (3) of this section and ORS 132.250 and 132.260, no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.
(2) Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with an intellectual disability, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.
(3) The district attorney may designate an interpreter who is certified under ORS 45.291 to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.
(4) No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.
(5) As used in this section, “intellectual disability” has the meaning given that term in ORS 427.005. Intellectual disability may be shown by attaching to the motion of the district attorney:
(a) Documentary evidence of intellectual functioning; or
(b) The affidavit of a qualified person familiar with the person with an intellectual disability. “Qualified person” includes, but is not limited to, a teacher, therapist or physician.