2007 Session Laws Chapter 131

Any person having conscientious scruples against taking an oath shall be allowed to make affirmation, substituting for the word "swear" the word "affirm" and for the words "so help you God," the following: "This you do under the pains and penalties of perjury." Do you, and each of you, swear or affirm that you will fairly hear the matters in dispute and render a verdict according to the evidence and the instructions of the court, so help you God?

Section 2. That § 23A-20-7 be amended to read as follows:

23A-20-7. All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications . by taking the following oath.

Do you swear or affirm that you will truthfully answer all questions asked of you by the court or counsel concerning your qualifications to sit as jurors on this case, so help you God?

Section 3. That § 23A-5-7 be amended to read as follows:

23A-5-7. The following oath ~~must~~ shall be administered to the ~~foreman~~ foreperson of the grand jury: You, as foreman of this grand jury, shall diligently inquire into, and true indictment make, of all public offenses against this state, committed or triable within this county, of which you shall have or can obtain evidence. You will keep your own counsel and that of your fellows, and of the state, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You shall present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward or the promise or hope thereof; but in all your indictments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding; so help you God. Do you, as foreperson of the grand jury, swear or affirm that you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county; that you will keep confidential the deliberations, remarks and actions of the jury, the testimony of the witnesses, and the manner in which any member of the jury voted on any matter; that you will not act against any person because of malice, hatred or ill-will or fail to act on a charge because of fear, favor, affection, or anticipation of reward; and that in all of your indictments you will present only the truth to the best of your skill, knowledge and understanding, so help you God? The following oath ~~must~~ shall be immediately administered to the other grand jurors: ~~The same oath which your foreman has now taken before you on his own part, you and each of you shall well and truly observe on your part; so help you God.~~ Having heard the oath taken by the foreperson, do you, and each of you, swear or affirm that you will act in

accordance with the obligations of that oath in your role as a member of the grand jury, so help you God?

Section 4. That chapter 23A-25 be amended by adding thereto a NEW SECTION to read as follows:

Before any officer may enter upon duties pursuant to § 23A-25-5, the following oath shall be administered to each officer: Do you solemnly swear or affirm that you will take this jury to a private and convenient place, that you will not allow any person, including yourself, to communicate with the jurors except by order of the court, until they have reached a verdict, and that when a verdict has been reached you will return them into the court, so help you God?

Section 5. Any person required to take an oath pursuant to sections 1 to 4, inclusive, of this Act, who, having conscientious scruples against oath-taking, shall be allowed to make affirmation. Such person may also substitute the words, "under pains and penalties of perjury," for the words "so help you God."