GA Code § 24-6-603 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 6 - Witnesses|Article 1 - General Provisions|§ 24-6-603. Oath or Affirmation

  Before testifying, every witness shall be required to declare that he or she will testify truthfully by oath or affirmation administered in a form calculated to awaken the witness's conscience and impress the witness's mind with the duty to do so.   Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving dependency as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter.     (Code 1981, §24-6-603, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 294, § 4-41/HB 242.)    The 2013 amendment,  effective January 1, 2014, substituted "dependency" for "deprivation" near the middle of subsection (b). See editor's note for applicability.   Cross references.   - Testimony as to child's description of sexual contact or physical abuse, § 24-8-820.   Oath or affirmation to testify truthfully, Fed. R. Evid. 603.   Editor's notes.   - Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."   Law reviews.   - For article, "The Need for a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases," see 21 Ga. St. B.J. 50 (1984). For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For note, "The Georgia Child Hearsay Statute, and the Sixth Amendment: Is There a Confrontation?," see 10 Ga. St. U.L. Rev. 367 (1994). For comment discussing the effect of mental unsoundness on the competency of witnesses, in light of O'Shea v. Jewel Tea Co., 233 F.2d 530 (9th Cir. 1956), see 19 Ga. B.J. 533 (1957). For comment on Western & A.R.R. v. Hart, 95 Ga. App. 810, 99 S.E.2d 302 (1957), holding that the accuracy of the opinion of a 12 year old as to the speed of a train is a matter for the jury to decide and its admission into evidence was not error, see 20 Ga. B.J. 395 (1958). For comment on Bacon v. State, 222 Ga. 151, 149 S.E.2d 111 (1966), see 18 Mercer L. Rev. 506 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Role of Court   Children    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 38-1701 are included in the annotations under this Code section.   Affirmations.   - Former statute although dealing with oaths as given in the trial of cases, nevertheless substantiated the belief that the word "swear" could be stricken and the word "affirm" used in loyalty oaths. 1948-49 Op. Att'y Gen. p. 565 (decided under former Code 1933, § 38-1701).   RESEARCH REFERENCES   Am. Jur. 2d.   - 81 Am. Jur. 2d, Witnesses, §§ 78 et seq., 82, 86 et seq.   Qualifying Child Witness to Testify, 35 POF2d 665.   C.J.S.   - 98 C.J.S. (Rev), Witnesses, §§ 92, 102, 108 et seq., 124 et seq., 132 et seq., 215, 216, 238, 245, 270, 290, 447.   ALR.    - Mental condition as affecting competency of witness, 26 A.L.R. 1491; 148 A.L.R. 1140.    Infant's admissions out of court as evidence in civil cases, 89 A.L.R. 708; 12 A.L.R.3d 1051.    Refusal to permit an otherwise competent witness to take witness stand because of mental or physical condition not amounting to unsoundness of mind, 97 A.L.R. 893.    Competency of child as witness as affected by fact that his prosecution for perjury is prohibited, 159 A.L.R. 1102.   Testimony of children as to grounds of divorce of their parents, 2 A.L.R.2d 1329.   Admissibility of deposition of child of tender years, 30 A.L.R.2d 771.   New trial in criminal case because of newly discovered evidence as to sanity of prosecution witness, 49 A.L.R.2d 1247.   Competency of young child as witness in civil case, 81 A.L.R.2d 386.   Declarant's age as affecting admissibility as res gestae, 83 A.L.R.2d 1368; 15 A.L.R.4th 1043.   Cross-examination of witness as to his mental state or condition, to impeach competency or credibility, 44 A.L.R.3d 1203.   Witnesses: child competency statutes, 60 A.L.R.4th 369.   Validity, construction, and application of child hearsay statutes, 71 A.L.R.5th 637.   Sufficiency, under rules 603 and 604 of Federal Rules of Evidence, of wording of oath, affirmation, or other declaration made by witness, or proposed witness or by court, relating to truthfulness of witness's testimony, 127 A.L.R. Fed. 207.