HB384: HB384 Crimes and offenses; uniform oaths to be sworn by all peace officers; provide

25 LC 56 0363S House Bill 384 (COMMITTEE SUBSTITUTE) By: Representatives Seabaugh of the 34th, Reeves of the 99th, Carson of the 46th, Hitchens of the 161st, Fleming of the 114th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 10 of Title 16 and Article 1 of C hapter 3 of Title 45 of the1 Official Code of Georgia Annotated, relating to abuse of govern mental office and official2 oaths, respectively, so as to provide for uniform oaths to be sworn by all peace officers; to3 provide for aspirational language in such oaths; to limit the l egal effect of any such4 aspirational language; to limit the crime of violation of oath of a public officer to codified5 oaths; to limit the violation of oath by a public officer to vi olations predicated on certain6 offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 10 of Title 16 of the Official Code of Geo rgia Annotated, relating to10 abuse of governmental office, is amended by revising Code Secti on 16-10-1, relating to11 violation of oath by public officer, as follows:12 "16-10-1.13 (a) Any public officer who willfully and intentionally violates the terms of his or her oath14 as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not15 less than one nor more than five years.16 H. B. 384 (SUB) - 1 - 25 LC 56 0363S (b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the17 oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 sh all be subject to18 prosecution under this Code section only for violations of such oath or oaths as prescribed.19 (c) No individual shall be subject to prosecution for violation of his or her oath of office20 under this Code section, except where such violation is predicated upon the commission21 of a felony or a misdemeanor of a high and aggravated nature."22 SECTION 2.23 Article 1 of Chapter 3 of Title 45 of the Official Code of Geor gia Annotated, relating to24 official oaths, is amended by revising Code Section 45-3-7, relating to oaths of deputies, as25 follows:26 "45-3-7.27 (a) Before proceeding to act, all deputies shall take the same oaths as their principals take28 and the oaths shall be filed and entered on the minutes of the same office with the same29 endorsement thereon; but this Code section shall not apply to a ny deputy who may be30 employed in particular cases only. A deputy sheriff may take hi s or her oaths before the31 sheriff and the oaths may be filed in and entered in the records of the sheriff's office.32 (b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of33 office on or after July 1, 2025, shall be administered the following oath:34 'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly,35 and without malice or partiality uphold the laws of the State o f Georgia, as well as36 any ordinances which I am authorized to enforce, to the best of my ability and support37 and defend the Constitution of the United States and the Constitution of Georgia. So38 help me God.'39 (c) A peace officer may take his or her oath before the chief executive officer of the40 agency or any authorized judicial official, and such oath may be filed in and entered in the41 records of that agency.42 H. B. 384 (SUB) - 2 - 25 LC 56 0363S (d) An agency may administer additional oaths that contain pro visions not specifically43 prescribed and enumerated in this Code section; provided, however, that such oaths, and44 any language in addition to the language set forth in this Code section, shall be deemed45 aspirational only and of no legal effect in any civil or criminal proceeding.46 (e) Sheriffs and their sworn deputies taking their oath of off ice on or after July 1, 2025,47 shall take the oath set forth in Code Section 15-16-4; provided, however, that any language48 in such oath in addition to the language set forth in such Code section shall be deemed49 aspirational only and of no legal effect in any civil or criminal proceeding."50 SECTION 3.51 All laws and parts of laws in conflict with this Act are repealed.52 H. B. 384 (SUB) - 3 -