Bill Text: IN HB1208 | 2012 | Regular Session | Introduced
Bill Title: Oath requirement for legislative testimony.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Rules and Legislative Procedures [HB1208 Detail]
Download: Indiana-2012-HB1208-Introduced.html
Citations Affected: IC 2-3-4; IC 2-4-2; IC 2-5-3-6.
Synopsis: Oath requirement for legislative testimony. Requires the
chair or acting chair of: (1) a standing committee of the house or the
senate; (2) a joint committee of the house and the senate; or (3) a
committee established by statute or by the legislative council that meets
certain requirements; to administer an oath, affirmed under the
penalties for perjury, to each witness giving testimony to the
committee. Prescribes the substantial form of the oath. Provides that
the legislative council may prescribe different forms of the oath to
make the form of the oath suitable to different circumstances under
which the oath may be taken. Provides that a witness before a
committee may state the oath orally in the presence of the chair or
acting chair or give the oath in the form of a writing signed and dated
by the witness. Provides that the legislative council may determine
whether probable cause exists that a witness violated the witness's oath.
Provides that a prosecuting attorney may not bring a criminal action for
violation of a witness's oath except by referral from the legislative
council. Makes conforming changes to a statute that gives members of
the general assembly notarial powers.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Rules and Legislative
Procedures.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
(1) Take acknowledgment to deeds or other instruments in writing.
(2) Administer oaths, protest notes, and checks.
(3) Take the deposition of a witness.
(4) Take and certify affidavits and depositions.
(5) Perform any other duty conferred upon a notary public by the statutes of Indiana.
(b) Acknowledgments to deeds or other instruments taken by
assembly shall be (a) This section does not apply to an oath that a
member of the general assembly is required to administer under
IC 2-4-2-1.
(b) An individual authorized to perform any of the duties
mentioned in section 1 of this chapter until he shall have procured such
may not perform any of those duties until the individual obtains a
seal as will stamp upon paper a distinct impression, in words or letters,
sufficiently indicating his the individual's official character, to which
may be added such other device as he the individual may choose. All
acts
(c) An act mentioned in section 1 of this chapter not attested by
such a seal shall be void. required by subsection (b) is invalid.
"My authority expires on ________ (with the blank filled with the date of the next general election
(b) The
(b) If an act by a notary public would be a violation of the law,
(1) A standing or other committee established by the rules of the house of representatives or the senate.
(2) A committee established jointly by the house of representatives and the senate.
(3) A committee established by statute or by the legislative council that satisfies any of the following:
(A) A majority of the members of the committee are members of the general assembly.
(B) The committee chair is a member of the general assembly.
(C) The statute or resolution establishing the committee specifies that this chapter applies to the committee's work.
(b) The oath required by this section must be in substantially the following form:
"I, (insert the name of the witness), affirm under the penalties for perjury that the testimony that I am about to give or have given to (insert the name of the committee) is the truth to the best of my knowledge and belief.".
(c) The legislative council may prescribe different forms of the oath to make the form of the oath suitable to different circumstances under which the oath may be taken. A form of the oath prescribed under this subsection must be substantially the same as the oath prescribed by subsection (b).
(d) The oath required by this section may be:
(1) stated orally by the witness in the presence of the chair or acting chair; or
(2) in the form of a writing signed and dated by the witness and placed in the records of the committee.
(b) If the committee chair agrees there is probable cause to believe that the witness has violated the witness's oath, the
committee chair and the committee member may file a complaint
with the legislative council for a determination.
(c) A complaint under subsection (b) must:
(1) be in writing;
(2) give the name of the witness who is believed to have
violated the oath;
(3) state the basis for the belief that the witness has violated
the witness's oath;
(4) contain any other information required by the legislative
council; and
(5) be signed by the chair and the committee member making
the complaint.
(d) If the legislative council finds there is probable cause to
believe that the witness has violated the witness's oath, the
legislative council may refer the matter to an appropriate
prosecuting attorney.
(e) A prosecuting attorney may not bring a criminal action for
violation of section 1 of this chapter without a referral by the
legislative council.
(b) The commission may secure directly from any executive or administrative department, bureau, agency, board, commission, office, independent establishment or instrumentality, information, suggestions, estimates, and statistics for the purpose of this chapter. Such a department, bureau, agency, board, commission, office, establishment or instrumentality of any state or local governmental unit in the state of Indiana is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the commission, as the chairman of the commission may request.
