Bill Text: GA SB7 | 2009-2010 | Regular Session | Engrossed
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-Engrossed.html
09 LC 36
1393S(SCS)
Senate
Bill 7
By:
Senator Tarver of the 22nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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 provide a short title; to
authorize the recording of certain sworn testimony; to provide for certain
criminal penalties; to provide for related matters; 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.
(a)
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 receipt of any testimony by such committee or subcommittee
in a meeting thereof.
(b)
The following oath shall be administered by the chairperson of the committee or
subcommittee to a person providing testimony:
'Do
you solemnly swear or affirm that the testimony you shall give before this
committee (subcommittee) shall be the truth, the whole truth, and nothing but
the truth, so help you God?'
The
chairperson is authorized to have such sworn testimony recorded. Only recorded
statements shall be a basis for subjecting a witness before a legislative
committee or subcommittee to the provisions of Code Section
16-10-71.
(c)
Any person who knowingly and willfully makes a false or fraudulent statement in
any recorded statement before a legislative committee or subcommittee that
is:
(1)(A)
In response to a specific question directed to such person by a member of the
General Assembly; or
(B)
A statement upon which a member of such committee or subcommittee might
reasonably be expected to rely in determining whether to offer, modify, or vote
for or against a bill or proposed legislation; and
(2)
Made after an oath that substantially complies with the language of this Code
section has been administered
shall
be guilty of false swearing and shall be subject to any penalties therefor
prescribed by Code Section 16-10-71.
(d)
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.
All
laws and parts of laws in conflict with this Act are repealed.