RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
5612
2003-2004 Regular Sessions
IN SENATE
June 16, 2003
___________
Introduced by Sen. VOLKER -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the civil practice law and rules and the penal law, in
relation to unsworn affirmation of truth of statement under penalty of
perjury and in relation to making a punishable false written statement
in a civil action
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Rule 2106 of the civil practice law and rules, as amended
2 by judicial conference proposal number 3 for the year 1973, is amended
3 to read as follows:
4 Rule 2106. Affirmation of truth of statement [by attorney, physician,
5 osteopath or dentist]. The statement of [an attorney admitted to prac-
6 tice in the courts of the state, or of a physician, osteopath or
7 dentist, authorized by law to practice in the state, who is not a party
8 to an action] any person, when subscribed and affirmed [by him] to be
9 true under the penalties of perjury, may be [served or filed] used in
10 [the] an action in lieu of and with the same force and effect as an
11 affidavit. An affirmation shall be in substantially the following form:
12 "I affirm under the penalties of perjury that the
13 foregoing is true and that this affirmation was
14 signed by me on [ ]. If the foregoing is know-
15 ingly false, I may be prosecuted for the crime of
16 perjury and if convicted may be sentenced to fine or
17 imprisonment."
18 § 2. The penal law is amended by adding a new section 210.46
19 to read as follows:
20 § 210.46 Making a punishable false written statement in a
21 civil action.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11628-01-3
S. 5612 2
1 A person is guilty of making a punishable false written
2 statement in a civil action when he or she makes a written
3 statement known to be false that is (a) intended to be served
4 or filed in a civil action or proceeding, (b) served or filed
5 in a civil action or proceeding, (c) material to the action or
6 proceeding involved, and (d) affirmed under the penalties of
7 perjury.
8 Making a punishable false written statement in a civil
9 action is a class E felony.
10 § 3. This act shall take effect on the first of January next
11 succeeding the date on which it shall have become a law.