S T A T E O F N E W Y O R K
________________________________________________________________________
3435
1999-2000 Regular Sessions
I N S E N A T E
March 2, 1999
___________
Introduced by Sen. VOLKER -- (at request of the Judiciary) -- 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 an
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 SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
12 "I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING
13 IS TRUE AND THAT THIS AFFIRMATION WAS SIGNED BY ME ON
14 (DATE). IF THE FOREGOING IS KNOWINGLY FALSE, I MAY BE PROSE-
15 CUTED FOR THE CRIME OF PERJURY AND IF CONVICTED MAY BE
16 SENTENCED TO FINE OR IMPRISONMENT."
17 S 2. The penal law is amended by adding a new section 210.46 to read
18 as follows:
19 S 210.46 MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A CIVIL ACTION.
20 A PERSON IS GUILTY OF MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A
21 CIVIL ACTION WHEN HE OR SHE MAKES A WRITTEN STATEMENT KNOWN TO BE FALSE
22 THAT IS:
23 1. INTENDED TO BE SERVED OR FILED IN A CIVIL ACTION OR PROCEEDING;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08656-01-9
S. 3435 2
1 2. SERVED OR FILED IN A CIVIL ACTION OR PROCEEDING;
2 3. MATERIAL TO THE ACTION OR PROCEEDING INVOLVED; AND
3 4. AFFIRMED UNDER THE PENALTIES OF PERJURY.
4 MAKING A PUNISHABLE FALSE WRITTEN STATEMENT IN A CIVIL ACTION IS A
5 CLASS E FELONY.
6 S 3. This act shall take effect on the first day of January next
7 succeeding the date on which it shall have become a law.
.SO DOC S 3435 *END* BTXT 1999
Bill S03435
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