H.F. 915 Section 1. Section 622.9, Code 2025, is amended by striking 1 the section and inserting in lieu thereof the following: 2 622.9 Privileged communications between spouses. 3 Subject to sections 232.74 and 726.4, and any other 4 provision of law to the contrary: 5 1. A spouse shall not be required to be examined in any case 6 as to any communication made by one spouse to the other while 7 married. 8 2. After the marriage relation ceases, a former spouse shall 9 not be required to reveal in testimony any communication made 10 during the marriage. 11 3. If subpoenaed, a person may assert spousal privilege and 12 refuse to reveal any information relating to a communication 13 between the person and another person made while the person and 14 the other person were married. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to privileged communications between 19 spouses. 20 Under current law, a person cannot be examined in any case as 21 to any communication made between the person and the person’s 22 spouse while the person was married to the spouse. After 23 the marriage relation ends, neither spouse is permitted to 24 reveal in testimony any communication between the spouses made 25 while they were married. Subject to certain provisions of law 26 to the contrary relating to a child’s injuries and criminal 27 prosecutions related to neglect, abandonment, nonsupport, 28 and child endangerment, the bill permits a spouse or former 29 spouse to be examined in such cases, but maintains that the 30 spouse or former spouse cannot be required to be examined. If 31 subpoenaed, a person may assert spousal privilege and refuse to 32 reveal any information relating to a communication between the 33 person and another person made while the person and the other 34 person were married. 35 -1- LSB 2753YH (5) 91 dg/jh 1/ 1