H. B. 4635
(By Delegates Manypenny and Doyle)
[Introduced February 20, 2012; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-5b, relating to requiring persons giving testimony or providing information to the Legislature to attest to the truthfulness of the testimony or information; providing who may administer the oath; defining a term; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §4-1-5b to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS;
NEXT MEETING OF THE SENATE.
§4-1-5b. Testimony of witnesses; truthfulness; oath; penalty.
(a) A person providing testimony or information to the Legislature, the House of Delegates, the Senate or any legislative committee shall do so under oath or affirmation. The oath or affirmation may be executed by signing a sworn statement regarding the truthfulness of the testimony or information prior to its submission.
(b) The oaths and affirmations to be taken by any witness before the House of Delegates, the Senate or any legislative committee may be administered by the Speaker of the House of Delegates, the President of the Senate, the chairperson of the legislative committee, or Clerk of the House of Delegates or the Clerk of the Senate, as may be appropriate to the respective chambers and their committees.
(c) For purposes of this section "legislative committee" means any legislative committee, subcommittee, joint committee, commission, or any other legislative body comprised of members of the Legislature.
(d) It is unlawful for any person to knowingly present to the Legislature, the House of Delegates, the Senate or a legislative committee a false sworn oral or written statement or information as to any material fact that may be reasonably relied upon in the performance of their duties. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000, confined in jail for no more than thirty days, or both fined and confined.
NOTE: The purpose of this bill is to require persons giving testimony or providing information to the Legislature to attest to the truthfulness of the testimony or information. The bill provides who may administer the oath. The bill defines a term. The bill also provides penalties.
This section is new; therefore, it has been completely underscored.