Senate
Study
Bill
3013
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
spousal
privilege
and
confidential
1
communication
between
spouses.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5277XC
(1)
89
cm/jh
S.F.
_____
Section
1.
Section
232.74,
Code
2022,
is
amended
to
read
as
1
follows:
2
232.74
Evidence
not
privileged
or
excluded.
3
Sections
622.9
and
622.10
and
any
other
statute
or
rule
of
4
evidence
which
excludes
or
makes
privileged
the
testimony
of
5
a
husband
or
wife
spouse
against
the
other
or
the
testimony
6
of
a
health
practitioner
or
mental
health
professional
as
to
7
confidential
communications,
do
not
apply
to
evidence
regarding
8
a
child’s
injuries
or
the
cause
of
the
injuries
in
any
judicial
9
proceeding,
civil
or
criminal,
resulting
from
a
report
pursuant
10
to
this
chapter
or
relating
to
the
subject
matter
of
such
a
11
report.
12
Sec.
2.
Section
622.8,
Code
2022,
is
amended
to
read
as
13
follows:
14
622.8
Witness
for
each
other.
15
In
all
civil
and
criminal
cases
the
husband
and
wife
spouses
16
may
be
witnesses
for
each
other.
17
Sec.
3.
Section
622.9,
Code
2022,
is
amended
to
read
as
18
follows:
19
622.9
Communications
between
husband
and
wife
spouses
.
20
1.
Neither
husband
nor
wife
spouse
can
be
examined
in
any
21
case
as
to
any
communication
made
by
the
one
to
the
other
while
22
married,
nor
shall
they,
after
the
marriage
relation
ceases,
be
23
permitted
to
reveal
in
testimony
any
such
communication
made
24
while
the
marriage
subsisted.
25
2.
Notwithstanding
subsection
1,
a
spouse
may
be
26
examined
about
and
reveal
in
testimony
any
of
the
following
27
communications:
28
a.
Communications
of
threats
against
the
spouse
or
a
third
29
party.
30
b.
Communications
that
have
been
transmitted
or
revealed
to
31
a
third
party.
32
c.
Communications
that
are
criminal
in
nature
which
place
a
33
strain
on
the
marital
relationship.
34
d.
Communications
between
spouses
who
are
separated.
35
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_____
e.
Communications
that
have
no
relation
to
their
mutual
1
trust
and
confidence
as
spouses.
2
f.
Other
communications
that
the
court
determines
were
not
3
intended
to
be
confidential.
4
Sec.
4.
Section
726.4,
Code
2022,
is
amended
to
read
as
5
follows:
6
726.4
Husband
or
wife
Spouses
may
be
witness
witnesses
.
7
In
all
prosecutions
under
section
726.3
,
726.5
,
or
726.6
,
8
the
husband
or
wife
is
a
spouses
are
competent
witness
9
witnesses
for
the
state
and
may
testify
to
relevant
acts
or
10
communications
between
them.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
privilege
of
confidential
15
communications
between
spouses
in
a
case.
Marital
privilege
16
allows
communication
that
occurs
between
spouses
to
remain
17
confidential
and
free
from
public
exposure
and
protects
spouses
18
from
being
required
to
testify
against
one
another
in
a
civil
19
or
criminal
case.
The
bill
specifies
six
exceptions
to
the
20
marital
privilege:
(1)
threats
against
spouse
or
third
party,
21
(2)
communications
that
have
been
disclosed
to
a
third
party,
22
(3)
communications
criminal
in
nature,
(4)
communications
23
between
spouses
that
are
separated,
(5)
communications
that
24
have
no
relation
to
their
mutual
trust
and
confidence
as
25
spouses,
and
(6)
other
communications
that
the
court
determines
26
were
not
intended
to
be
confidential.
Current
law
does
not
27
provide
exceptions.
28
The
bill
makes
conforming
changes.
29
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2