HF 915 (LSB 2753YH (5) 91)

HOUSE FILE 915

BY  BAGNIEWSKI and LOHSE

A BILL FOR

An Act relating to privileged communications between spouses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.9, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   622.9  Privileged communications between spouses.
   Subject to sections 232.74 and 726.4, and any other provision of law to the contrary:
   1.  A spouse shall not be required to be examined in any case as to any communication made by one spouse to the other while married.
   2.  After the marriage relation ceases, a former spouse shall not be required to reveal in testimony any communication made during the marriage.
   3.  If subpoenaed, a person may assert spousal privilege and refuse to reveal any information relating to a communication between the person and another person made while the person and the other person were married.
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 privileged communications between spouses.
   Under current law, a person cannot be examined in any case as to any communication made between the person and the person’s spouse while the person was married to the spouse. After the marriage relation ends, neither spouse is permitted to reveal in testimony any communication between the spouses made while they were married. Subject to certain provisions of law to the contrary relating to a child’s injuries and criminal prosecutions related to neglect, abandonment, nonsupport, and child endangerment, the bill permits a spouse or former spouse to be examined in such cases, but maintains that the spouse or former spouse cannot be required to be examined. If subpoenaed, a person may assert spousal privilege and refuse to reveal any information relating to a communication between the person and another person made while the person and the other person were married.