WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 554

By Senator Weld

[Introduced March 8, 2017; Referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-6a, relating to false swearing in a legislative proceeding; providing criminal penalty; and providing disqualification from holding office or position of honor, trust or profit, and serving as a juror.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §4-1-6a, to read as follows:

ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-6a.  False swearing in a legislative proceeding; penalty.

(a) A person may not willfully swear falsely, under oath or affirmation lawfully administered, in a legislative proceeding concerning any matter or thing material or not material, or procure, or attempt to procure, another person to do so.

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 and, in the discretion of the court, be confined in jail not more than one year.

(c) A person convicted of violating subsection (a) of this section is ineligible to hold any office or position of honor, trust or profit in this state, and to serve as a juror.

NOTE: The purpose of this bill is to create the crime of false swearing in a legislative proceeding and penalties for violators.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.