SB 365

Under current law, a person may be required to swear to or affirm the truth of

a statement he or she has given or will give. A sworn or affirmed statement may be

required in court proceedings, administrative proceedings, real estate or probate

matters, and other legal matters.

Under current law, a person who gives a sworn or affirmed statement that the

person does not believe to be true is guilty of false swearing and is subject to a fine

not to exceed $10,000 and, depending on the circumstances, imprisonment not to

exceed nine months or imprisonment not to exceed six years, or both the fine and a

period of imprisonment. A person who gives a sworn or affirmed statement that is

inconsistent with another statement he or she gave under oath or affirmation is also

guilty of false swearing and is subject to a fine not to exceed $10,000, imprisonment

not to exceed six years, or both.

Under this bill, a statement that is unsworn and not affirmed may be given the

same effect as a sworn or affirmed statement if the person making the statement is

outside the geographic boundaries of the United States and if he or she signs a

statement declaring, under penalty of false swearing, that his or her statement is

true and correct. Under the bill, a statement that is unsworn and not affirmed may

not be used in place of a sworn or affirmed statement in a deposition, an oath of office,

an oath that is required to be given before a specific official (except a notary public),

a document required to record a real estate transfer, or an oath or affirmation

required for certain wills.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.