HF 2282 (LSB 5277HV (3) 89)

HOUSE FILE 2282

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 528)

A BILL FOR

An Act relating to spousal privilege and confidential communication between spouses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.74, Code 2022, is amended to read as follows:
   232.74  Evidence not privileged or excluded.
   Sections 622.9 and 622.10 and any other statute or rule of evidence which excludes or makes privileged the testimony of a husband or wife spouse against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to evidence regarding a child’s injuries or the cause of the injuries in any judicial proceeding, civil or criminal, resulting from a report pursuant to this chapter or relating to the subject matter of such a report.
    Sec. 2.  Section 622.8, Code 2022, is amended to read as follows:
   622.8  Witness for each other.
   In all civil and criminal cases the husband and wife spouses may be witnesses for each other.
    Sec. 3.  Section 622.9, Code 2022, is amended to read as follows:
   622.9  Communications between husband and wife spouses.

   1.  Neither husband nor wife spouse can be examined in any case as to any communication made by the one to the other while married, nor shall they, after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted.
   2.  Notwithstanding subsection 1, a spouse may be examined about and reveal in testimony any of the following communications: 
   a.  Communications of threats against the spouse or a third party.
   b.  Communications that have been transmitted or revealed to a third party.
   3.  Subsection 1 does not apply to any proceeding in which one spouse is charged with an offense against the other spouse.
    Sec. 4.  Section 726.4, Code 2022, is amended to read as follows:
   726.4  Husband or wife Spouses may be witness witnesses.
   In all prosecutions under section 726.3, 726.5, or 726.6, the husband or wife is a spouses are competent witness witnesses for the state and may testify to relevant acts or communications between them.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the privilege of confidential communications between spouses in a case. Marital privilege allows communication that occurs between spouses to remain confidential and free from public exposure and protects spouses from being required to testify against one another in a civil or criminal case. The bill specifies three exceptions to the marital privilege: (1) threats against spouse or third party, (2) communications that have been disclosed to a third party, and (3) when one spouse is charged with an offense against the other. Current law does not provide exceptions.
   The bill makes conforming changes.