ASSEMBLY, No. 2344

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Assemblyman LANCE and Assemblywoman CRECCO

An Act concerning oaths for jurors and others and revising various parts of the statutory law.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2B: 20-18 us amended to read as follows:

    2B:20-18. Oath of allegiance.

    The following oath shall be administered to every person summoned for service as a juror who is not excused from service, before beginning service upon the panel:

    "Do you swear in the presence of Almighty God or do you affirm that you will support the Constitution of the United States and the Constitution of this State?"

(cf: P.L.1995, c.44, s.1)

    2. N.J.S.2B:21-3 is amended to read as follows:

    2B:21-3. Oath of grand jurors.

    The following oath shall be administered to all of the members of the grand jury:

    "Do you as a member of this grand jury of the State of New Jersey and county of (county) swear in the presence of Almighty God or do you affirm that you will support the Constitution of the United States and the Constitution of this State; that you will diligently inquire into all matters brought before you to the best of your skill, knowledge and understanding; that you will take no action through envy, hatred or malice nor for fear, favor or affection, or for reward or the hope of reward; that you will make a true presentment of all matters coming before you, and that you will keep secret the proceedings of the grand jury?"

(cf: P.L.1995, c.44, s.1)

    3. N.J.S.2B:21-6 is amended to read as follows:

    2B:21-6. Swearing of witnesses by foreperson.

    a. The foreperson of the grand jury shall administer [the following] an oath to witnesses who give evidence before the grand jury[:

    "Do you swear or affirm that you will tell the truth, the whole truth, and nothing but the truth?" ].

    b. The foreperson shall, before being discharged, certify to the court the names of the witnesses who have been sworn.

(cf: P.L.1995, c.44, s.1)

    4. N.J.S.2B:23-6 is amended to read as follows:

    2B:23-6. Oath of jurors.

    The following oath shall be administered to each juror:

    "Do you swear in the presence of Almighty God or do you affirm that you will try the matter in dispute and give a true verdict according to the evidence?"

(cf: P.L.1995, c.44, s.1)

    5. N.J.S.2B:23-7 is amended to read as follows:

    2B:23-7. Oath of officer attending jury.

    The following oath shall be administered to the officer appointed to attend the jury:

    "Do you swear in the presence of Almighty God or do you affirm that you will do your best to keep every person sworn on this jury together in a private place, and that you will not allow any person to speak to them, nor speak to them yourself, except by order of the court, and except to ask them if they have agreed on a verdict, until they have so agreed?"

(cf: P.L.1995, c.44, s.1)

    6. This act shall take effect immediately.

STATEMENT

    This bill revises the language of oaths of jurors, the oath of allegiance for persons summoned as jurors, the oath of witnesses and the oath of the officer attending the jury. Generally the bill inserts the phrase “in the presence of Almighty God” after the word “swear” in the various oaths. This phrasing had been used in the law prior to P.L.1995, c.44 but was omitted in that recent revision of all of the statutes related to jurors. The law continues to provide persons taking an oath with the option to “affirm” rather than to “swear” in recognition of individual religious preferences and beliefs.

    The sponsor seeks to clarify that the revised language was not intended to affect the courtroom custom of persons choosing to swear on the Bible or some other holy book.

Makes clarification in language of oaths taken by jurors and others involved in jury trials.