SENATE DOCKET, NO. 794        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 772

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the establishing of criminal penalties, under Public Corruption Laws, for violating the oaths of office as prescribed by the Massachusetts Constitution and M.G.L. c. 221 § 38.

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PETITION OF:

SENATE DOCKET, NO. 794        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 772

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the establishing of criminal penalties, under Public Corruption Laws, for violating the oaths of office as prescribed by the Massachusetts Constitution and M.G.L. c. 221 § 38.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

1.WHEREAS, many public officials and employees of the Commonwealth of Massachusetts whether elected or appointed to their positions are required by the Massachusetts Constitution to take several Oaths regarding the performance of their official duties, and as to their support and faithfulness to the Massachusetts Constitution and the United States Constitution;

2.WHEREAS, all lawyers admitted to the practice of law in the Commonwealth of Massachusetts are firstly required by M.G.L. c. 221 § 38 to take an Oath of Office regarding truthfulness regarding their dealings in the Courts of Massachusetts;

3.WHEREAS, these several Oaths are taken under the pains and penalties of perjury;

4.WHEREAS, in the past, various employees of the Commonwealth of Massachusetts in the Legislative, Executive and Judicial branches of government having taken these several Oaths and have violated and been unfaithful to these Oaths;

5.WHEREAS, to violate an Oath of Office or Loyalty under the pains and penalties of perjury is criminal conduct reflecting adversely on the fitness of any public employee of the Commonwealth;

NOW THEREFORE, it being agreed and established that the swearing and violation of Oaths of Office and Loyalty is a sufficiently grave matter:

BE IT ENACTED by the Senate and House of Representatives in General Court assembled, that any public employee of the Commonwealth having taken any of the several Oaths required by any law of the Commonwealth and having violated the terms, conditions or requirements of that Oath in any material thing, manner, intent, conduct or behavior related to their public employment, such individual shall be subject to suspension from their public employment and prosecution for the offense of perjury. FURTHERMORE, any person, whether in private or public life under the jurisdiction of the Commonwealth, who shall induce, encourage, facilitate or enable any public employee of the Commonwealth to violate any Oath of Office or Loyalty, such individuals shall be subject to prosecution for the offense of subornation of perjury. PROVIDED HOWEVER, that any person duly convicted of perjury or subornation of perjury, in any jurisdiction, shall be disqualified from holding any position of trust or importance, whether elected or appointed, under the jurisdiction of the Commonwealth of Massachusetts.