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.
