(5 ILCS 255/0.01) (from Ch. 101, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Oaths and Affirmations Act.
(Source: P.A. 86-1324.)
(5 ILCS 255/1) (from Ch. 101, par. 1)
Sec. 1.
Oaths and affirmations.
All courts, and all judges and the clerk thereof, the county clerk,
deputy county clerk, notaries public, and persons certified under the
Illinois Certified Shorthand Reporters Act of 1984 have the power to
administer
oaths
and affirmations to witnesses and others, concerning anything commenced or
to be commenced, or pending before them respectively.
(Source: P.A. 90-294, eff. 8-1-97.)
(5 ILCS 255/2) (from Ch. 101, par. 2)
Sec. 2. Affidavits and depositions. All courts, and judges, and the clerks thereof, the county clerk, deputy
county clerk, the Secretary of State, notaries public, and
persons
certified under the Illinois Certified Shorthand Reporters Act of 1984
may administer all
oaths of office and all other oaths authorized or required of any officer
or other person, and take affidavits and depositions concerning any matter
or thing, process or proceeding commenced or to be commenced, or pending in
any court or before them, or on any occasion wherein any affidavit or
deposition is authorized or required by law to be taken.
The same functions may be performed by any commissioned officer in
active service of the armed forces of the United States, within or without
the United States. Oaths, affidavits or depositions taken by or
affirmations made before such officers need not be authenticated nor
attested by any seal nor shall any instruments executed or proceedings had
before such officers be invalid because the place of the proceedings or of
the execution is not stated.
(Source: P.A. 97-36, eff. 1-1-12.)
(5 ILCS 255/3) (from Ch. 101, par. 3)
Sec. 3.
Whenever any person shall be required to take an oath before he
enters upon the discharge of any office, place or business, or on any other
lawful occasion, it shall be lawful for any person empowered to administer
the oath to administer it in the following form, to-wit: The person
swearing shall, with his hand uplifted, swear by the ever-living God, and
shall not be compelled to lay the hand on or kiss the gospels.
(Source: R.S. 1874, p. 725.)
(5 ILCS 255/4) (from Ch. 101, par. 4)
Sec. 4.
Whenever any person required to take or subscribe an oath, as
aforesaid, and in all cases where an oath is upon any lawful occasion to be
administered, and such person shall have conscientious scruples against
taking an oath, he shall be admitted, instead of taking an oath, to make
his solemn affirmation or declaration in the following form to-wit: You do
solemnly, sincerely and truly declare and affirm. Which solemn affirmation
or declaration shall be equally valid as if such person had taken an oath
in the usual form; and every person guilty of falsely and corruptly
declaring, as aforesaid, shall incur and suffer the like pains and
penalties as are or shall be inflicted on persons convicted of willful and
corrupt perjury.
(Source: R.S. 1874, p. 725.)
(5 ILCS 255/5) (from Ch. 101, par. 5)
Sec. 5.
All oaths, affirmations, affidavits and depositions, administered
or taken as provided in this act, shall subject any person who shall so
swear or affirm willfully and falsely, in matter material to any issue or
point in question, to the like pains and penalties as are inflicted by law
on persons convicted of willful and corrupt perjury.
(Source: R.S. 1874, p. 725.)
(5 ILCS 255/6) (from Ch. 101, par. 6)
Sec. 6.
When any oath authorized or required by law to be made is made out
of the state, it may be administered by any officer authorized by the laws
of the state in which it is so administered, and if such officer have a
seal, his certificate under his official seal shall be received as prima
facie evidence without further proof of his authority to administer oaths.
(Source: R.S. 1874, p. 725.)
(5 ILCS 255/7)
Sec. 7. Definition of judge. For the purposes of this Act, “judge” means (i) an incumbent judge of the Illinois Supreme, Appellate, or Circuit Court, whether elected or appointed, (ii) a retired judge of the Illinois Supreme, Appellate, or Circuit Court, and (iii) an incumbent or retired associate judge of the Illinois Circuit Court. The term “judge” does not include a judge who has been convicted of a felony or who has been removed from office by the Illinois Courts Commission.
(Source: P.A. 95-498, eff. 1-1-08.)