Connecticut Seal

Substitute House Bill No. 5651

Public Act No. 02-71

AN ACT CONCERNING STATUTORY OATHS AND THE VALIDATION OF CERTAIN MARRIAGES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-24 of the general statutes, as amended by public act 01-7 and section 1 of public act 01-84, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The following officers may administer oaths: (1) The clerks of the Senate, the clerks of the House of Representatives and the chairpersons of committees of the General Assembly or of either branch thereof, during its session; (2) state officers, as defined in subsection (t) of section 9-1, judges and clerks of any court, family support magistrates, judge trial referees, justices of the peace, commissioners of the Superior Court, notaries public, commissioners appointed by the Governor to take acknowledgment of deeds, town clerks and assistant town clerks, in all cases where an oath may be administered, except in a case where the law otherwise requires; (3) commissioners on insolvent estates, auditors, arbitrators and committees, to parties and witnesses, in all cases tried before them; (4) assessors and boards of assessment appeals, in cases coming before them; (5) commissioners appointed by governors of other states to take the acknowledgment of deeds, in the discharge of their official duty; (6) the moderator of a school district meeting, in such meeting, to the clerk of such district, as required by law; (7) the first selectman, in any matter before the board of selectmen; (8) the Chief Medical Examiner, Deputy Medical Examiner and assistant medical examiners of the Office of the Medical Examiner, in any matter before them; (9) registrars of vital statistics, in any matter before them; (10) any chief inspector or inspector appointed pursuant to section 51-286; (11) registrars of voters, deputy registrars, assistant registrars, and moderators, in any matter before them; (12) special assistant registrars, in matters provided for in subsections (b) and (c) of section 9-19b and section 9-19c; (13) the Commissioner of Public Safety and any sworn member of any local police department or the Division of State Police within the Department of Public Safety, in all affidavits, statements, depositions, complaints or reports made to or by any member of any local police department or said Division of State Police or any constable who is under the supervision of said commissioner or any of such officers of said Division of State Police and who is certified under the provisions of sections 7-294a to 7-294e, inclusive, as amended, and performs criminal law enforcement duties; (14) judge advocates of the United States Army, Navy, Air Force and Marine Corps, law specialists of the United States Coast Guard, adjutants, assistant adjutants, acting adjutants and personnel adjutants, commanding officers, executive officers and officers whose rank is lieutenant commander or major, or above, of the armed forces as defined in section 27-103 to persons serving with or in the armed forces as defined in said section or their spouses; (15) investigators, deputy investigators, investigative aides, secretaries, clerical assistants, social workers, social worker trainees, paralegals and certified legal interns employed by or assigned to the Public Defender Services Commission in the performance of their assigned duties; (16) bail commissioners, assistant bail commissioners and secretaries and clerical assistants employed in the office of the Bail Commission in the performance of their assigned duties; (17) juvenile matter investigators employed by the Division of Criminal Justice in the performance of their assigned duties; (18) the chairperson of the Connecticut Siting Council or the chairperson's designee; (19) the presiding officer at an agency hearing under section 4-177b; (20) family relations counselors of the Family Division of the Superior Court, support enforcement officers and investigators employed by the Department of Social Services Bureau of Child Support Enforcement and the Judicial Department in the performance of their assigned duties; (21) the chairperson, vice-chairperson and members of the Board of Parole, parole officers and parole supervisors in the performance of their assigned duties; and (22) the Commissioner of Correction or the commissioner's designee.

Sec. 2. Section 1-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The forms of oaths shall be as follows, to wit:

FOR MEMBERS OF THE GENERAL ASSEMBLY, EXECUTIVE

AND JUDICIAL OFFICERS.

You do solemnly swear (or affirm, as the case may be) that you will support the Constitution of the United States, and the Constitution of the state of Connecticut, so long as you continue a citizen thereof; and that you will faithfully discharge, according to law, the duties of the office of . . . . to the best of your abilities; so help you God.

FOR NOTARIES PUBLIC.

You do solemnly swear (or affirm, as the case may be) that you will support the Constitution of the United States, and the Constitution of the state of Connecticut; and that you will faithfully discharge, according to law, the duties of the office of notary public to the best of your abilities; so help you God.

FOR ELECTORS.

You solemnly swear (or affirm, as the case may be) that you will be true and faithful to the constitutions and governments of the State of Connecticut and the United States of America; that the statements made in your application for admission as an elector are true and complete; and that your privileges as an elector are not forfeited by reason of conviction of a felony; so help you God.

FOR ATTORNEYS.

[You solemnly swear (or affirm, as the case may be) that you will do no falsehood, nor consent to any to be done in court, and, if you know of any to be done, you will give information thereof to the judges, or one of them, that it may be reformed; you will not wittingly or willingly promote, sue or cause to be sued, any false or unlawful suit, or give aid, or consent, to the same; you will delay no person for lucre or malice; but will exercise the office of attorney, within the court wherein you may practice, according to the best of your learning and discretion, and with fidelity, as well to the court as to your client; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will do nothing dishonest, and will not knowingly allow anything dishonest to be done in court, and that you will inform the court of any dishonesty of which you have knowledge; that you will not knowingly maintain or assist in maintaining any cause of action that is false or unlawful; that you will not obstruct any cause of action for personal gain or malice; but that you will exercise the office of attorney, in any court in which you may practice, according to the best of your learning and judgment, faithfully, to both your client and the court; so help you God or upon penalty of perjury.

[FOR GRAND JURORS IMPANELED IN COURT.

You solemnly swear by the name of the ever-living God, (or affirm, as the case may be) that you will diligently inquire after, and due presentment make, of all breaches of law that shall come to your knowledge, according to your charge; the secrets of the cause, your own, and your fellows', you will duly observe and keep; you will present no person from envy, hatred or malice; neither will you leave any person unpresented, from love, fear or affection, or in hope of reward; but you will present cases truly, as they come to your knowledge, according to the best of your understanding and according to law; so help you God. ]

FOR PETIT JURORS IN CRIMINAL CAUSES.

[You solemnly swear by the name of the ever-living God, (or affirm, as the case may be) that you will, without respect of persons or favor of any person, well and truly try, and true deliverance make, between the state of Connecticut and the defendant, whom you shall have in charge, according to law and the evidence before you; your own counsel, and your fellows', you will duly observe and keep; you will speak nothing, to any one, of the business or matters you have in hand, but among yourselves, nor will you suffer any one to speak to you about the same, but in court; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will, without respect of any persons or favor of any person, decide this case between the state of Connecticut and the defendant (or defendants) based on the evidence given in court and on the laws of this state, as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case until you have been discharged by the court; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God or upon penalty of perjury.

FOR ALTERNATE JURORS IN CRIMINAL CAUSES.

[You solemnly swear by the name of the ever-living God, (or affirm, as the case may be) that, if called upon to become a member of the jury to determine this cause, you will, without respect of persons or favor of any person, well and truly try, and true deliverance make, between the state of Connecticut and the defendant, whom you shall have in charge, according to law and the evidence before you; your own counsel, and your fellows', you will duly observe and keep; you will speak nothing, to any one, of the business or matters you have in hand, but among yourselves, nor will you suffer any one to speak to you about the same, but in court; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that, if you become a member of the jury for this case, you will, without respect of any persons or favor of any person, decide this case between the state of Connecticut and the defendant (or defendants) based on the evidence given in court and on the laws of this state, as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you about this case until you have been discharged by the court; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God or upon penalty of perjury.

FOR JURORS IN CIVIL CAUSES.

[You solemnly swear (or affirm, as the case may be) that you will well and truly try the issue or issues, now to be given you in charge, between the plaintiff and the defendant (or plaintiffs and defendants), according to the evidence given you in court, and the laws of this state, and accordingly a true verdict give; your own counsel, and your fellows', you will duly observe and keep; you will speak nothing, to any one, of the business or matters you have in hand, but among yourselves, nor will you suffer any one to speak to you about the same, but in court; and, when you are agreed upon any verdict, you will keep it secret until you deliver it up in court; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will decide this case between the plaintiff and the defendant (or plaintiffs and defendants) based on the evidence given in court and on the laws of this state as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God or upon penalty of perjury.

FOR ALTERNATE JURORS IN CIVIL CAUSES.

[You solemnly swear (or affirm, as the case may be) that, if called upon to become a member of the jury to determine this cause, you will well and truly try the issue or issues, now to be given you in charge, between the plaintiff and the defendant (or plaintiffs and defendants), according to the evidence given you in court, and the laws of this state, and accordingly a true verdict give; your own counsel, and your fellows', you will duly observe and keep; you will speak nothing, to any one, of the business or matters you have in hand, but among yourselves, nor will you suffer any one to speak to you about the same, but in court; and, when you are agreed upon any verdict, you will keep it secret until you deliver it up in court; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that, if you become a member of the jury for this case, you will decide this case between the plaintiff and the defendant (or plaintiffs and defendants) based on the evidence given in court and on the laws of this state as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God or upon penalty of perjury.

VOIR DIRE.

[You solemnly swear (or affirm, as the case may be) that you will well and truly answer such interrogatories as shall be put to you, under the direction of the court, not immediately relating to the merits of the cause now in question; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will answer truthfully all questions that you are asked, none of which will be about the merits of the case for which the jury is being selected; so help you God or upon penalty of perjury.

FOR WITNESSES.

[You solemnly swear (or affirm, as the case may be) that the evidence you shall give, concerning the case now in question, shall be the truth, the whole truth and nothing but the truth; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that the evidence you shall give concerning this case shall be the truth, the whole truth and nothing but the truth; so help you God or upon penalty of perjury.

FOR INVESTIGATORY GRAND JURY WITNESSES.

You solemnly swear or solemnly and sincerely affirm, as the case may be, that the evidence you shall give concerning this investigation into the commission of a crime or crimes, shall be the truth, the whole truth and nothing but the truth; so help you God or upon penalty of perjury.

FOR WITNESSES TWELVE YEARS OF AGE OR YOUNGER.

You promise that you will tell the truth.

FOR AN INTERPRETER IN A CRIMINAL CASE.

[You solemnly swear (or affirm, as the case may be) that you will make a true interpretation of the information (or indictment) upon which the accused stands charged, in the language which the accused understands and can speak, and of all questions which may be propounded to the accused under the direction of the court; and that you will make a like true interpretation of the plea to said information (or indictment) and of the answers to such questions to this court (or to this court and jury), in the English language, according to your best skill and judgment; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will interpret accurately the information (or indictment) that charges the accused with a crime and all questions that the accused may be asked under the direction of the court in a language the accused can understand and speak; that you will interpret accurately the pleas of the accused to the information (or indictment) and the answers of the accused to the court (or to the court and jury) in English; and that you will make all interpretations to the best of your skill and judgment; so help you God or upon penalty of perjury.

FOR AN INTERPRETER IN COURT.

[You solemnly swear (or affirm, as the case may be) that you will make a true interpretation of the oath to be administered to the witness, in the language which the witness understands and can speak, and of all questions which may be propounded to the witness under the direction of the court; and that you will make a like true interpretation of the answers to such questions to this court (or to this court and jury), in the English language, according to your best skill and judgment; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will interpret accurately the oath to be administered to the witness and all questions that the witness may be asked under direction of the court in a language the witness can understand and speak; that you will interpret accurately the answers of the witness to the court (or to the court and jury) in English; and that you will make all interpretations to the best of your skill and judgment; so help you God or upon penalty of perjury.

FOR AN INTERPRETER FOR A DEAF

OR HEARING IMPAIRED JUROR.

[You solemnly swear (or affirm, as the case may be) that you will make a true interpretation to a deaf or hearing impaired juror of the juror orientation program, of any oath to be administered to the juror, of all testimony and other relevant colloquy, and of all questions which may be propounded to the juror under the direction of the court; and that you will make a like true interpretation of the juror's answers to this court, in the English language, according to your best skill and judgment; and that you will refrain from participating in any manner in the deliberations of the jury other than making a true interpretation of jurors' remarks made during deliberation, according to your best skill and judgment; and that you will refrain from having communications with anyone outside the jury concerning the business or matters in the jurors' hands; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will interpret accurately to a deaf or hearing impaired juror the juror orientation program, any oath to be administered to the juror, all testimony and other relevant conversation, and all questions that the juror may be asked under the direction of the court; that you will interpret accurately the answers of the juror to the court in English; that you will not participate in any manner in the deliberations of the jury other than making an accurate interpretation of the remarks of the jurors during deliberations; that you will make all interpretations to the best of your skill and judgment; and that you will not communicate with anyone outside the jury concerning the business or matters before the jury; so help you God or upon penalty of perjury.

FOR ASSESSORS, TO SUBSCRIBE UPON ABSTRACT.

I, . . . . , assessor of the town of . . . . , do solemnly swear [(or affirm, as the case may be)] or solemnly and sincerely affirm, as the case may be, that I [verily] believe that all the lists, and the abstract of said town for the year [19] 20. . , are made up and perfected according to law; so help me God or upon penalty of perjury.

FOR PLAINTIFF, WHEN INDIFFERENT PERSON IS [DEPUTED] AUTHORIZED TO SERVE WRIT.

[You solemnly swear (or affirm, as the case may be) that you verily believe the plaintiff is (or plaintiffs are) in danger of losing the debt (damage or other thing) in this writ, unless an indifferent person shall be deputed for the immediate service of the same; so help you God. ]

You solemnly swear or solemnly and sincerely affirm, as the case may be, that you believe the plaintiff is (or plaintiffs are) in danger of losing the debt (damage or other thing) in this writ, unless an indifferent person is authorized to immediately serve this writ; so help you God or upon penalty of perjury.

FOR MEMBERS OF A COURT-MARTIAL.

You solemnly swear (or affirm, as the case may be) that you will truly try and determine, according to the evidence given in court, the matters depending between this state and the officer (or officers) now to be tried; that you will not divulge the sentence of the court until the same shall have been approved or disapproved, according to law; neither will you, at any time, disclose the vote or opinion of any member of the court, unless required by due course of law; so help you God.

FOR THE JUDGE-ADVOCATE OF A COURT-MARTIAL.

You solemnly swear (or affirm, as the case may be) that you will not, at any time whatever, disclose the vote or opinion of any member of any court-martial in which you may be called to act, unless required by due course of law, nor divulge the sentence of any such court, unless the same shall have been approved or disapproved, according to law; and that you will faithfully and impartially do the duty of judge-advocate, according to your best ability; so help you God.

FOR OFFICIALS APPOINTED TO SERVE IN ANY POLLING PLACE IN ANY ELECTION OR PRIMARY.

You solemnly swear (or affirm, as the case may be) that you will faithfully discharge, according to law, your duties as . . . . , to the best of your ability; and that you will serve in this election or primary as the case may be, as an official, completely impartial with respect to any candidate or any political party; so help you God.

FOR ALL OTHER PERSONS OF WHOM AN OATH IS REQUIRED.

You solemnly swear [(or affirm, as the case may be)] or solemnly and sincerely affirm, as the case may be, that you will faithfully discharge, according to law, your duties as . . . . to the best of your [ability] abilities; so help you God or upon penalty of perjury.

Sec. 3. Section 46b-22a of the general statutes, as amended by section 1 of public act 01-4, is repealed and the following is substituted in lieu thereof (Effective from passage):

All marriages, celebrated on and after April 27, 2001, and before [April 27, 2001] the effective date of this act, otherwise valid except that the justice of the peace joining such persons in marriage did not have a valid certificate of qualification, are validated.

Sec. 4. Section 46b-24a of the general statutes, as amended by section 2 of public act 01-4, is repealed and the following is substituted in lieu thereof (Effective from passage):

All marriages celebrated on and after April 27, 2001, and before [April 27, 2001] the effective date of this act, otherwise valid except that the license for any such marriage was issued in a town other than the town in which such marriage was celebrated, are validated.

Sec. 5. Section 46b-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each person who joins any person in marriage shall certify upon the license certificate the fact, time and place of the marriage, and return it to the registrar of the town where it was issued, before or during the first week of the month following the marriage. Any person who fails to do so shall be fined not more than ten dollars.

(b) If any person fails to return the certificate to the registrar, as required under subsection (a) of this section, the persons joined in marriage may provide the registrar with a notarized affidavit attesting to the fact that they were joined in marriage and stating the date and place of the marriage. Upon the recording of such affidavit by the registrar, the marriage of the affiants shall be deemed to be valid as of the date of the marriage stated in the affidavit.

Sec. 6. Section 46b-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The certificates required by sections 46b-24 to 46b-27, inclusive, as amended by this act, and 46b-29 to 46b-34, inclusive, as amended by this act, or an affidavit recorded pursuant to subsection (b) of section 46b-34, as amended by this act, shall be prima facie evidence of the facts stated in them.

Approved June 3, 2002