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H.B. 286 Enrolled

    

PERJURY REFORM

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Greg J. Curtis

    AN ACT RELATING TO THE CRIMINAL CODE; CONFIRMING THAT MATERIALITY IS
    A JURY QUESTION; PROVIDING THAT THE DEFENDANT WHO TESTIFIES IN
    HIS OWN PROSECUTION IS SUBJECT TO CONVICTION FOR FALSE
    STATEMENTS; AND MAKING TECHNICAL CHANGES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         76-8-501, as enacted by Chapter 196, Laws of Utah 1973
         76-8-502, as enacted by Chapter 196, Laws of Utah 1973
         76-8-503, as enacted by Chapter 196, Laws of Utah 1973
         76-8-505, as enacted by Chapter 196, Laws of Utah 1973
    REPEALS:
         53-3-228, as renumbered and amended by Chapter 234, Laws of Utah 1993
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 76-8-501 is amended to read:
         76-8-501. Definitions.
        For the purposes of this part:
        (1) "Official proceeding" means any proceeding before a legislative, judicial,
    administrative, or other governmental body or official authorized by law to take evidence under
    oath or affirmation, including a notary or other person taking evidence in connection with any of
    these proceedings.
        (2) "Material" means capable of affecting the course or outcome of the proceeding. A
    statement is not material if it is retracted in the course of the official proceeding in which it was
    made before it became manifest that the falsification was or would be exposed and before it
    substantially affected the proceeding. [Whether a statement is material is a question of law to be
    determined by the court.]

        Section 2. Section 76-8-502 is amended to read:
         76-8-502. False or inconsistent material statements.
        A person is guilty of a felony of the second degree if in any official proceeding:
        (1) He makes a false material statement under oath or affirmation or swears or affirms the
    truth of a material statement previously made and he does not believe the statement to be true; or
        (2) He makes inconsistent material statements under oath or affirmation, both within the
    period of limitations, one of which is false and not believed by him to be true. [In a prosecution
    under this section, it need not be alleged or proved which of the statements is false but only that one
    or the other was false and not believed by the defendant to be true.]
        Section 3. Section 76-8-503 is amended to read:
         76-8-503. False or inconsistent statements.
        A person is guilty of a class B misdemeanor if:
        (1) (a) he makes a false statement under oath or affirmation or swears or affirms the truth
    of the statement previously made and he does not believe the statement to be true if:
        [(a)] (i) the falsification occurs in an official proceeding, or is made with a purpose to
    mislead a public servant in performing his official functions; or
        [(b)] (ii) the statement is one which is [required] authorized by law to be sworn or affirmed
    before a notary or other person authorized to administer oaths; or
        [(2)] (b) he makes inconsistent statements under oath or affirmation, both within the period
    of limitations, one of which is false and not believed by him to be true. [In a prosecution under this
    section, it need not be alleged or proved which of the statements is false but only that one or the
    other was false and not believed by the defendant to be true.]
        [(3) No] (2) A person [shall be] is not guilty under this section if [he retracts] the
    falsification is retracted before it becomes manifest that the falsification was or would be exposed.
        Section 4. Section 76-8-505 is amended to read:
         76-8-505. False or inconsistent statements -- Proof of falsity of statements --
     Irregularities no defense.
        (1) On any prosecution for [perjury or false swearing, except a prosecution upon inconsistent

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    statements, pursuant to Subsection 76-8-502(2)] a violation of Subsection 76-8-502(1) or
    76-8-503(1)(a), falsity of a statement may not be established solely through contradiction by the
    testimony of a single witness.
        [(2) No prosecution shall be brought under this part when the substance of the defendant's
    false statement is his denial of guilt in a previous criminal trial. ]
        (2) In prosecutions for violation of Subsection 76-8-502(2) or 76-8-503(1)(b), it need not
    be alleged or proved which of the statements are false but only that one or the other is false and not
    believed by the defendant to be true.
        (3) It is not a defense to a charge under this part that the oath or affirmation was
    administered or taken in an irregular manner.
        Section 5. Repealer.
        This act repeals:
        Section 53-3-228, Making false affidavit is perjury.

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