sb441_Committee_sub_LC_25_5230S_4.html
08 LC 25 5230S

The Senate Rules Committee offered the following substitute to SB 441:

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 testimony 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 repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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 presentation by a person not a member of the General Assembly of any evidence in support or opposition of any legislation or request for appropriation to such committee or subcommittee of the General Assembly."

SECTION 2.
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 is as to 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 3.
All laws and parts of laws in conflict with this Act are repealed.