AN ACT Relating to the
crime of perjury; reenacting RCW 9A.72.010 and 9A.72.030; creating a new
section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The purpose of this act
is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting,
without changes, legislation relating to the crime of perjury, as amended in
sections 30 and 31, chapter 285, Laws of 1995.
Sec. 2. RCW 9A.72.010 and 1995 c
285 s 30 are each reenacted to read as follows:
The following
definitions are applicable in this chapter unless the context otherwise
requires:
(1) "Materially
false statement" means any false statement oral or written, regardless of
its admissibility under the rules of evidence, which could have affected the
course or outcome of the proceeding; whether a false statement is material
shall be determined by the court as a matter of law;
(2) "Oath"
includes an affirmation and every other mode authorized by law of attesting to
the truth of that which is stated; in this chapter, written statements shall be
treated as if made under oath if:
(a) The statement was
made on or pursuant to instructions on an official form bearing notice, authorized
by law, to the effect that false statements made therein are punishable;
(b) The statement
recites that it was made under oath, the declarant was aware of such recitation
at the time he or she made the statement, intended that the statement should be
represented as a sworn statement, and the statement was in fact so represented
by its delivery or utterance with the signed jurat of an officer authorized to
administer oaths appended thereto; or
(c) It is a statement,
declaration, verification, or certificate, made within or outside the state of
Washington, which is certified or declared to be true under penalty of perjury
as provided in RCW 9A.72.085.
(3) An oath is
"required or authorized by law" when the use of the oath is
specifically provided for by statute or regulatory provision or when the oath
is administered by a person authorized by state or federal law to administer
oaths;
(4) "Official
proceeding" means a proceeding heard before any legislative, judicial,
administrative, or other government agency or official authorized to hear
evidence under oath, including any referee, hearing examiner, commissioner,
notary, or other person taking testimony or depositions;
(5) "Juror"
means any person who is a member of any jury, including a grand jury, impaneled
by any court of this state or by any public servant authorized by law to
impanel a jury; the term juror also includes any person who has been drawn or
summoned to attend as a prospective juror;
(6)
"Testimony" includes oral or written statements, documents, or any
other material that may be offered by a witness in an official proceeding.
Sec. 3. RCW 9A.72.030 and 1995 c
285 s 31 are each reenacted to read as follows:
(1) A person is guilty
of perjury in the second degree if, in an examination under oath under the
terms of a contract of insurance, or with intent to mislead a public servant in
the performance of his or her duty, he or she makes a materially false statement,
which he or she knows to be false under an oath required or authorized by law.
(2) Perjury in the
second degree is a class C felony.
NEW
SECTION. Sec. 4. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately.
