SLS 12RS-1731 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 682
BY SENATOR CROWE
COURTS. Provides relative to contents of the oath or affirmation by witnesses in
proceedings. (8/1/12)
AN ACT1
To amend and reenact Code of Evidence Article 603, Code of Civil Procedure Article2
1633(A), Code of Criminal Procedure Article 14(B), and Children's Code Article3
115(A), relative to oaths or affirmations of witnesses; to provide for contents of the4
oath of affirmation of witnesses in civil proceedings, criminal proceedings, and5
certain legal proceedings involving children; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Evidence Article 603 is hereby amended and reenacted to read8
as follows: 9
Art. 603. Oath or affirmation 10
Before testifying, every witness shall be required to declare that he the11
witness will testify truthfully, by oath or affirmation administered in a form12
calculated to awaken his the witness' conscience and impress his the witness' mind13
with his the duty to do so.14
Section 2. Code of Civil Procedure Article 1633(A) is hereby amended and15
reenacted to read as follows:16
Art. 1633. Oath or affirmation of witnesses; refusal to testify17 SB NO. 682
SLS 12RS-1731 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. Before testifying, every witness shall be required to declare that he the1
witness will testify truthfully, by oath or affirmation administered in a form2
calculated to awaken his the witness' conscience and impress his the witness' mind3
with his the duty to do so.4
* * *5
Section 3. Code of Criminal Procedure Article 14(B) is hereby amended and6
reenacted to read as follows:7
Art. 14. Oath or affirmation in criminal proceedings; witness8
* * *9
B. Before testifying , every witness shall be required to declare that he the10
witness will testify truthfully, by oath or affirmation administered in a form11
calculated to awaken his the witness' conscience and impress his the witness' mind12
with his the duty to do so.13
Section 4. Children's Code Article 115(A) is hereby amended and reenacted to read14
as follows:15
Art. 115. Oath or affirmation in juvenile proceedings16
A. Witnesses shall swear or affirm to speak the truth and nothing but the17
truth. Before testifying, every witness shall be required to declare that the18
witness will testify truthfully, by oath or affirmation administered in a form19
calculated to awaken the witness' conscience and impress the witness' mind with20
the duty to do so.21
* * *22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Proposed law provides relative to the contents of the oath or affirmation taken by witnesses
in judicial proceedings.
Present law provides in the Code of Evidence that, before testifying, every witness shall be
required to declare that he will testify truthfully, by oath or affirmation administered in a
form calculated to awaken his conscience and impress his mind with his duty to do so. SB NO. 682
SLS 12RS-1731 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law but changes "he" and "his" to "the witness".
Present law provides in the Code of Civil Procedure that, before testifying, every witness
shall be required to declare that he will testify truthfully, by oath or affirmation administered
in a form calculated to awaken his conscience and impress his mind with his duty to do so.
Proposed law retains present law but changes "he" and "his" to "the witness".
Present law provides in the Code of Criminal Procedure that, before testifying, every witness
shall be required to declare that he will testify truthfully, by oath or affirmation administered
in a form calculated to awaken his conscience and impress his mind with his duty to do so.
Proposed law retains present law but changes "he" and "his" to "the witness".
Present law provides in the Children's Code that witnesses shall swear or affirm to speak the
truth and nothing but the truth.
Proposed law retains present law but adds that the oath or affirmation administered shall be
in a form calculated to awaken the witness' conscience and impress the witness' mind with
the duty to do so.
Effective August 1, 2012.
(Amends C.E. Art. 603, C.C.P.Art. 1633(A), C.Cr.P. Art. 14(B), and Ch.C. Art. 115(A))