SUMMARY:

Provides that each house of the General Assembly may by rule authorize the standing and special committees and subcommittees of that house to place witnesses under oath who testify before such committees, and to provide penalties for false testimony before such committees and subcommittees. 

REQUIREMENTS:

• Each house of the General Assembly may adopt rules authorizing the presiding officer of each standing and special committee and subcommittee of each house to administer an oath to persons testifying before such committee or subcommittee for that person to swear or affirm that s/he is testifying truthfully.
• Each house may adopt by rule procedures and requirements as the house deems appropriate for placing witnesses under oath.
• A person to whom a lawful oath or affirmation has been administered commits the offense of false testimony before the General Assembly when, in testifying before a committee or subcommittee of the Senate or House of Representatives, such person knowingly and willingly makes a false statement material to the issue or point in question.
• A person convicted of the offense of false testimony before the General Assembly shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than ten years,or both.

POINTS TO CONSIDER:

• This is permissive legislation allowing the House and Senate, if desired, to adopt rules authorizing committees and subcommittees to place witnesses under oath.
• The proposed legislation appears to make no distinction between legislators and others who testify before committees and subcommittees and apparently applies to both.
• The following specifics are not included:
  • How would it be determined that a false statement had been made to when testifying before a committee or subcommittee?
  • Would there be an effort to determine whether such false testimony had been "knowingly and Willfully" given?
  • Would there be a trial?
  • What due process rights would a person accused of false testimony have? 

EFFECTIVE DATE:

Upon approval by the Governor or upon becoming law without such approval.