Bill Text: GA SB7 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-27 - House Passed/Adopted [SB7 Detail]

Download: Georgia-2009-SB7-Introduced.html

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09 LC 25 5348

Senate Bill 7

By: Senator Tarver of the 22nd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, so as to require an oath or affirmation for purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Truth in Testimony Act."

SECTION 2.

Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, is amended by adding a new Code section to read as follows:

"28-1-18.

The sanction of an oath or affirmation equivalent thereto may, at the discretion of the chairperson of any committee or subcommittee of the General Assembly, be made necessary to the reception of any evidence by such committee or subcommittee in a meeting thereof. Any person whose speech or debate is privileged under Article III, Section IV, Paragraph IX of the Constitution shall not be subject to this Code section."

SECTION 3.

Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, is amended by revising Code Section 16-10-71, relating to false swearing, as follows:

"16-10-71.

(a)(1) A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be an acknowledgment of a lawful oath or affirmation commits the offense of false swearing when, in any matter or thing other than a judicial proceeding, he or she knowingly and willfully makes a false statement.

(2) This subsection shall apply to persons subject to Code Section 28-1-18 only if the false statement concerns a material fact.

(b) A person convicted of the offense of false swearing shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.