25 LC 56 0363S
The House Committee on Judiciary, Non-Civil offers the following substitute to HB 384:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 10 of Title 16 and Article 1 of Chapter 3 of Title 45 of the1
Official Code of Georgia Annotated, relating to abuse of governmental 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 legal 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 violations 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 Georgia Annotated, relating to10
abuse of governmental office, is amended by revising Code Section 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)
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(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 shall 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 Georgia 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 any deputy who may be30
employed in particular cases only. A deputy sheriff may take his 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 of 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
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(d) An agency may administer additional oaths that contain provisions 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 office 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)
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