2021 -- S 0802

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LC002654

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- UNIFORM UNSWORN

DECLARATION ACT

     Introduced By: Senators Archambault, and Coyne

     Date Introduced: April 08, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 127.2

UNIFORM UNSWORN DECLARATIONS ACT

     42-127.2-1. Short title.

     This chapter shall be known and may be cited as the "Uniform Unsworn Declarations Act."

     42-127.2-2. Definitions.

     For the purposes of this chapter:

     (1) "Law" means a statute, judicial decision or order, rule of court, executive order, and

administrative rule, regulation, or order.

     (2) "Record", used as a noun, means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

     (3) "Sign" means, with present intent to authenticate or adopt a record:

     (i) To execute or adopt a tangible symbol; or

     (ii) To attach to or logically associate with the record an electronic symbol, sound, or

process.

     (4) "Sworn declaration" means a declaration in a signed record given under oath. The term

includes a sworn statement, verification, certificate, and affidavit.

     (5) "Unsworn declaration" means a declaration in a signed record not given under oath but

given under penalty of perjury.

     42-127.2-3. Applicability.

     This chapter applies to an unsworn declaration by a declarant who at the time of making

the declaration is physically located within or outside the boundaries of the United States, whether

or not the location is subject to the jurisdiction of the United States.

     42-127.2-4. Validity of unsworn declaration.

     (a) Except as otherwise provided in subsection (b) of this section, if a law of this state

requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of

this chapter has the same effect as a sworn declaration.

     (b) This chapter does not apply to:

     (1) A deposition;

     (2) An oath of office;

     (3) An oath required to be given before a specified official other than a notary public;

     (4) A declaration to be recorded in the land evidence records of any city or town in this

state; or

     (5) An oath permitted by § 33-7-26.

     42-127.2-5. Required medium.

     If a law of this state requires that a sworn declaration be presented in a particular medium,

an unsworn declaration must be presented in the same medium.

     42-127.2-6. Form of unsworn declaration.

     An unsworn declaration under this chapter must be in substantially the following form:

     I declare under penalty of perjury under the law of Rhode Island that the foregoing is true

and correct.

     Signed on the ___ day of ______, _____, at ________________________________.

     Date___________Month____________Year__________

     City or other location, and state or country__________________________________

     ________________________

     Printed name

     ________________________

     Signature

     42-127.2-7. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.

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     42-127.2-8. Relation to electronic signatures in global and national commerce act.

     This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the

notices described in Section 103(b) of that act or 15 U.S.C. Section 7003(b).

     SECTION 2. Section 11-33-1 of the General Laws in Chapter 11-33 entitled "Perjury and

False Swearing" is hereby amended to read as follows:

     11-33-1. Perjury.

     (a) Every person under oath or affirmation or in accordance with the provisions of chapter

127.2 of title 42 regarding unsworn declarations who knowingly makes any false material

declaration or makes or uses any other information, including any book, paper, document, record,

recording, or other material, knowing it contains any false material declaration, shall be deemed

guilty of perjury.

     (b) An indictment or information for violation of this section alleging that on oath or

affirmation the defendant has knowingly made two (2) or more declarations which are inconsistent

to the degree that one of them is necessarily false need not specify which declaration is false if:

     (1) Each declaration was material to the point in question; and

     (2) Each declaration was made within the period of the statute of limitations established in

§ 12-12-17.

     (c) In any prosecution under this section, the falsity of a declaration set forth in the

indictment or information shall be established sufficient for conviction by proof that the defendant

on oath or affirmation made irreconcilably contradictory declarations material to the point in

question. It shall be a defense to an indictment or information made pursuant to this subsection that

the defendant, at the time he or she made each declaration, believed the declaration was true.

     (d) Where in the same continuous court or grand jury proceeding in which a declaration is

made, the person making the declaration admits the declaration to be false, that admission shall bar

prosecution under this section if, at the time the admission is made, the declaration has not

substantially affected the proceeding, or it has not become manifest that the falsity has been or will

be exposed.

     (e) Proof beyond a reasonable doubt under this section is sufficient for conviction. It shall

not be necessary that proof be made by any particular number of witnesses or by documentary or

other type of evidence.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- UNIFORM UNSWORN

DECLARATION ACT

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     This act would give an "unsworn" declaration given under the penalty of perjury the same

effect as "a sworn" declaration, and subject to the criminal penalties for perjury.

     This act would take effect upon passage.

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