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TO AMEND CHAPTER 69, TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-9-35, RELATING TO REQUIREMENTS TO TESTIFY BEFORE COMMITTEES OF THE SENATE OR HOUSE OF REPRESENTATIVES, TO REQUIRE THAT ALL PEOPLE WHO GIVE TESTIMONY TO ANY COMMITTEE OR SUBCOMMITTEE OF THE SENATE OR HOUSE OF REPRESENTATIVES MUST FIRST BE PLACED UNDER OATH AND TO DIRECT THAT WILFULL PRESENTMENT OF FALSE, MISLEADING, OR INCOMPLETE TESTIMONY UNDER OATH IN A PROCEEDING IN THE SENATE OR HOUSE OF REPRESENTATIVES BE TREATED AS PERJURY; AND TO AMEND SECTION 16-9-10, RELATING TO PERJURY, TO EXPRESSLY INCLUDE WILFUL PRESENTMENT OF FALSE, MISLEADING, OR INCOMPLETE TESTIMONY UNDER OATH IN A PROCEEDING IN THE SENATE OR HOUSE OF REPRESENTATIVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 69, Title 2 of the 1976 Code is amended by adding:
"Section 2-69-35. (A) No person may testify to any committee or subcommittee of the Senate or House of Representatives unless the testimony is given under oath.
(B) Any person who wilfully gives false, misleading, or incomplete testimony under oath in any proceeding in the Senate or House of Representatives is guilty of a felony and, upon conviction, must be punished in accordance with Section 16-9-10."
SECTION 2. Section 16-9-10 of the 1976 Code is amended to read:
"Section 16-9-10. (A)(1) It is unlawful for a person to wilfully give false, misleading, or incomplete testimony under oath in any court of record,; judicial, administrative, or regulatory proceeding in this State; or proceeding in the State Senate or House of Representatives.
(2) It is unlawful for a person to wilfully give false, misleading, or incomplete information on a document, record, report, or form required by the laws of this State.
(B)(1) A person who violates the provisions of subsection (A)(1) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(2) A person who violates the provisions of subsection (A)(2) is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not less than one hundred dollars, or both.
(C) A person may be convicted under this section if he induces, procures, or persuades another person to commit perjury or if he commits perjury by his own act, consent, or agreement."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 14, 2009 at 3:08 PM