S T A T E O F N E W Y O R K
________________________________________________________________________
2393
1999-2000 Regular Sessions
I N S E N A T E
February 9, 1999
___________
Introduced by Sen. VOLKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to unsworn
affirmation of truth of statement under penalty of perjury; and to
amend the penal law, in relation to making punishable a 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 MUST BE IN SUBSTANTIALLY THE FOLLOWING FORM:
12 "I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
13 FOREGOING IS TRUE. IF IT IS KNOWINGLY FALSE, I MAY
14 BE PROSECUTED FOR THE CRIME OF PERJURY AND IF
15 CONVICTED MAY BE SENTENCED TO FINE OR IMPRISONMENT."
16 S 2. The penal law is amended by adding a new section 210.46 to read
17 as follows:
18 S 210.46 MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A CIVIL ACTION.
19 A PERSON IS GUILTY OF MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A
20 CIVIL ACTION WHEN HE OR SHE MAKES A WRITTEN STATEMENT HE OR SHE KNOWS TO
21 BE FALSE THAT IS:
22 (A) INTENDED TO BE SERVED OR FILED IN A CIVIL ACTION OR PROCEEDING,
23 (B) SERVED OR FILED IN A CIVIL ACTION OR PROCEEDING,
24 (C) MATERIAL TO THE ACTION OR PROCEEDING INVOLVED, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02495-01-9
S. 2393 2
1 (D) AFFIRMED UNDER THE PENALTIES OF PERJURY.
2 MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A CIVIL ACTION IS A
3 CLASS E FELONY.
4 S 3. This act shall take effect on the first day of January next
5 succeeding the date on which it shall have become a law.
.SO DOC S 2393 *END* BTXT 1999
Bill S02393
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