LRB-2052/1
PJH:bjk:ph
2009 - 2010 LEGISLATURE
October 23, 2009 - Introduced by Senators Risser, Miller and Taylor, cosponsored
by Representatives Cullen and Molepske Jr.. Referred to Committee on
Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
SB365,1,3
1An Act to amend 946.32 (1) (a), 946.32 (1) (b) and 946.32 (2); and
to create
2887.015 of the statutes;
relating to: the Uniform Unsworn Foreign
3Declarations Act and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person may be required to swear to or affirm the truth of
a statement he or she has given or will give. A sworn or affirmed statement may be
required in court proceedings, administrative proceedings, real estate or probate
matters, and other legal matters.
Under current law, a person who gives a sworn or affirmed statement that the
person does not believe to be true is guilty of false swearing and is subject to a fine
not to exceed $10,000 and, depending on the circumstances, imprisonment not to
exceed nine months or imprisonment not to exceed six years, or both the fine and a
period of imprisonment. A person who gives a sworn or affirmed statement that is
inconsistent with another statement he or she gave under oath or affirmation is also
guilty of false swearing and is subject to a fine not to exceed $10,000, imprisonment
not to exceed six years, or both.
Under this bill, a statement that is unsworn and not affirmed may be given the
same effect as a sworn or affirmed statement if the person making the statement is
outside the geographic boundaries of the United States and if he or she signs a
statement declaring, under penalty of false swearing, that his or her statement is
true and correct. Under the bill, a statement that is unsworn and not affirmed may
not be used in place of a sworn or affirmed statement in a deposition, an oath of office,
an oath that is required to be given before a specific official (except a notary public),
a document required to record a real estate transfer, or an oath or affirmation
required for certain wills.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB365, s. 1
1Section
1. 887.015 of the statutes is created to read:
SB365,2,3
2887.015 Uniform unsworn foreign declarations act. (1) Short title. This
3section may be cited as the Uniform Unsworn Foreign Declarations Act.
SB365,2,4
4(2) Definitions. In this section:
SB365,2,75
(a) "Boundaries of the United States" means the geographic boundaries of the
6United States, Puerto Rico, the United States Virgin Islands, and any territory or
7insular possession subject to the jurisdiction of the United States.
SB365,2,108
(b) "Law" includes the federal or a state constitution, a federal or state statute,
9a judicial decision or order, a rule of court, an executive order, or an administrative
10rule, regulation, or order.
SB365,2,1211
(c) "Record" means information that is inscribed on a tangible medium or that
12is stored in an electronic or other medium and is retrievable in perceivable form.
SB365,2,1413
(d) "Sign" means, with present intent to authenticate or adopt a record, either
14of the following:
SB365,2,1515
1. To execute or adopt a tangible symbol.
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2. To attach to or logically associate with the record an electronic symbol, sound,
17or process.
SB365,3,3
1(e) "State" means a state of the United States, the District of Columbia, Puerto
2Rico, the United States Virgin Islands, or any territory or insular possession subject
3to the jurisdiction of the United States.
SB365,3,64
(f) "Sworn declaration" means a declaration in a signed record given under oath
5or affirmation. Sworn declaration includes a sworn or affirmed statement,
6verification, certificate, or affidavit.
SB365,3,87
(g) "Unsworn declaration" means a declaration in a signed record that is not
8given under oath, but is given under penalty of false swearing.
SB365,3,15
9(3) Applicability. This section applies to an unsworn declaration by a
10declarant who at the time of making the declaration is physically located outside the
11boundaries of the United States, whether or not the location is subject to the
12jurisdiction of the United States. This section does not apply to a declaration by a
13declarant who is physically located on property that is within the boundaries of the
14United States and subject to the jurisdiction of another country or a federally
15recognized American Indian tribe.
SB365,3,19
16(4) Validity of unsworn declarations. (a) Except as provided in par. (b), and
17notwithstanding s. 906.03, if a law of this state requires or permits use of a sworn
18declaration, an unsworn declaration meeting the requirements of this section has the
19same effect as a sworn declaration.
SB365,3,2020
(b) This section does not apply to any of the following:
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1. A deposition.
SB365,3,2222
2. An oath of office.
SB365,3,2423
3. An oath required to be given before a specified official other than a notary
24public.
SB365,3,2525
4. A declaration to be recorded pursuant to s. 706.06, 706.07, or 706.25.
SB365,4,1
15. An oath required under s. 853.04.
SB365,4,4
2(5) Required medium. If a law of this state requires that a sworn declaration
3be presented in a particular medium, an unsworn declaration must be presented in
4that medium.
SB365,4,6
5(6) Form of unsworn declaration. An unsworn declaration under this section
6must be in substantially the following form:
SB365,4,107
I declare under penalty of false swearing under the law of Wisconsin that the
8foregoing is true and correct, and that I am physically located outside the geographic
9boundaries of the United States, Puerto Rico, the United States Virgin Islands, and
10any territory or insular possession subject to the jurisdiction of the United States.
SB365,4,1111
Executed on the .... day of ...., ....(year), at ....(city or other location, and state),
SB365,4,1212
....(country).
SB365,4,1313
....(printed name)
SB365,4,1414
....(signature)
SB365,4,17
15(7) Uniformity of application and construction. In applying and construing
16this uniform act, consideration must be given to the need to promote uniformity of
17the law with respect to its subject matter among the states that enact it.
SB365,4,21
18(8) Relation to electronic signatures in global and national commerce act. 19(a) Except as provided in par. (b), this section modifies, limits, and supersedes the
20federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001,
21et seq.
SB365,4,2322(b) This section does not modify, limit, or supersede
15 USC 7001 (c) or
23authorize electronic delivery of any of the notices described in
15 USC 7003 (b).
SB365, s. 2
24Section
2. 946.32 (1) (a) of the statutes is amended to read:
SB365,5,5
1946.32
(1) (a) Under oath or affirmation
or upon signing a statement pursuant
2to s. 887.015 makes or subscribes a false statement which he or she does not believe
3is true, when such oath
or, affirmation
, or statement is authorized or required by law
4or is required by any public officer or governmental agency as a prerequisite to such
5officer or agency taking some official action.
SB365, s. 3
6Section
3. 946.32 (1) (b) of the statutes is amended to read:
SB365,5,147
946.32
(1) (b) Makes or subscribes 2 inconsistent statements under oath or
8affirmation
or upon signing a statement pursuant to s. 887.015 in regard to any
9matter respecting which an oath
or, affirmation
, or statement is, in each case,
10authorized or required by law or required by any public officer or governmental
11agency as a prerequisite to such officer or agency taking some official action, under
12circumstances which demonstrate that the witness or subscriber knew at least one
13of the statements to be false when made. The period of limitations within which
14prosecution may be commenced runs from the time of the first statement.
SB365, s. 4
15Section
4. 946.32 (2) of the statutes is amended to read:
SB365,5,1816
946.32
(2) Whoever under oath or affirmation
or upon signing a statement
17pursuant to s. 887.015 makes or subscribes a false statement which the person does
18not believe is true is guilty of a Class A misdemeanor.
