FirstHB1028_H_JUD.001 RegularNOT SessionAMENDED Seventy-firstHOUSE GeneralCOMMITTEE AssemblyOF STATEREFERENCE OFREPORT COLORADO_______________________________ INTRODUCEDJanuary LLS24, NO.2017 Chairman of Committee Date Committee on Judiciary.

17-0189.01After Thomasconsideration Morrison x4218the HOUSEmerits, BILLthe 17-1028Committee HOUSErecommends SPONSORSHIPthe Willett,following: SENATE SPONSORSHIP Gardner, House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE "U NIFORM UNSWORN DECLARATIONS ACT ".

BillHB17-1028 Summarybe (Note:postponed indefinitely.

This** summary*** applies** to*** this** bill*HB1028_H_JUD.001* as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.) Colorado Commission on Uniform State Laws.

Colorado has adoptedthe"UniformUnswornForeignDeclarationsAct",whichallows the use of foreign unsworn declarations in a wide variety of situations.

The bill expands the uniform law to include domestic unsworn declarations as contemplated by the "Uniform Unsworn Declarations Act".

Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

InColoradoRevisedStatutes,amend12-55-301as follows:

12-55-301.

Short title.

TSHORT TITLE OFthis part 3 may be cited asSthe "Uniform Unsworn Foreign Declarations Act".

SECTION2.

InColoradoRevisedStatutes,amend12-55-303as follows:

12-55-303.

Applicability.

This part 3 applies to an unsworn declaration by a declarant who at the time of making the declaration is physicallylocatedITHINOR outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States.

This part 3 does not apply to a declaration by a declarant who is physicallylocatedonpropertythatiswithinthe boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.

SECTION3.

InColoradoRevisedStatutes,amend12-55-306as follows:

12-55-306.

Form of unsworn declaration.

An unsworn declaration under this part 3 must be in substantiallythe following form:

I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

and that I amphysicallylocatedoutsidethegeographicboundariesof the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Executed on the____day of ______, _____, (date) (month) (year) -2- HB17-1028 at_________________________________ (city or other location, and statetry) _______________ (printed name) _______________ (signature) SECTION 4.

In Colorado Revised Statutes, 18-8-501, amend (2)(a)(IV) as follows:

18-8-501.

Definitions.

The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:

(2) (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated.

For the purposes of this section, written statements shall also be treated as if made under oath if:

(IV) The statement meets the requirements for an unsworn declarationunderthe"UniformUnswornForeignDeclarationsAct",part 3 of article 55 of title 12.

C.R.S.

SECTION 5.

Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly(August 9, 2017, if adjournment sine die is on May10, 2017);