Print
House Study Bill 528 - IntroducedA Bill ForAn Act 1relating to spousal privilege and confidential
2communication between spouses.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.74, Code 2022, is amended to read as
2follows:
3232.74 Evidence not privileged or excluded.
4Sections 622.9 and 622.10 and any other statute or rule of
5evidence which excludes or makes privileged the testimony of
6a husband or wife spouse against the other or the testimony
7of a health practitioner or mental health professional as to
8confidential communications, do not apply to evidence regarding
9a child’s injuries or the cause of the injuries in any judicial
10proceeding, civil or criminal, resulting from a report pursuant
11to this chapter or relating to the subject matter of such a
12report.
13 Sec. 2. Section 622.8, Code 2022, is amended to read as
14follows:
15622.8 Witness for each other.
16In all civil and criminal cases the husband and wife spouses
17 may be witnesses for each other.
18 Sec. 3. Section 622.9, Code 2022, is amended to read as
19follows:
20622.9 Communications between husband and wife spouses.
211. Neither husband nor wife spouse can be examined in any
22case as to any communication made by the one to the other while
23married, nor shall they, after the marriage relation ceases, be
24permitted to reveal in testimony any such communication made
25while the marriage subsisted.
262. Notwithstanding subsection 1, a spouse may be
27examined about and reveal in testimony any of the following
28communications:
29a. Communications of threats against the spouse or a third
30party.
31b. Communications that have been transmitted or revealed to
32a third party.
33c. Communications that are criminal in nature which place a
34strain on the marital relationship.
35d. Communications between spouses who are separated.
-1- 1e. Communications that have no relation to their mutual
2trust and confidence as spouses.
3f. Other communications that the court determines were not
4intended to be confidential.
5 Sec. 4. Section 726.4, Code 2022, is amended to read as
6follows:
7726.4 Husband or wife Spouses may be witness witnesses.
8In all prosecutions under section 726.3, 726.5, or 726.6,
9the husband or wife is a spouses are competent witness
10 witnesses for the state and may testify to relevant acts or
11communications between them.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the privilege of confidential
16communications between spouses in a case. Marital privilege
17allows communication that occurs between spouses to remain
18confidential and free from public exposure and protects spouses
19from being required to testify against one another in a civil
20or criminal case. The bill specifies six exceptions to the
21marital privilege: (1) threats against spouse or third party,
22(2) communications that have been disclosed to a third party,
23(3) communications criminal in nature, (4) communications
24between spouses that are separated, (5) communications that
25have no relation to their mutual trust and confidence as
26spouses, and (6) other communications that the court determines
27were not intended to be confidential. Current law does not
28provide exceptions.
29The bill makes conforming changes.
-2-cm/jh
2communication between spouses.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.74, Code 2022, is amended to read as
2follows:
3232.74 Evidence not privileged or excluded.
4Sections 622.9 and 622.10 and any other statute or rule of
5evidence which excludes or makes privileged the testimony of
6a husband or wife spouse against the other or the testimony
7of a health practitioner or mental health professional as to
8confidential communications, do not apply to evidence regarding
9a child’s injuries or the cause of the injuries in any judicial
10proceeding, civil or criminal, resulting from a report pursuant
11to this chapter or relating to the subject matter of such a
12report.
13 Sec. 2. Section 622.8, Code 2022, is amended to read as
14follows:
15622.8 Witness for each other.
16In all civil and criminal cases the husband and wife spouses
17 may be witnesses for each other.
18 Sec. 3. Section 622.9, Code 2022, is amended to read as
19follows:
20622.9 Communications between husband and wife spouses.
211. Neither husband nor wife spouse can be examined in any
22case as to any communication made by the one to the other while
23married, nor shall they, after the marriage relation ceases, be
24permitted to reveal in testimony any such communication made
25while the marriage subsisted.
262. Notwithstanding subsection 1, a spouse may be
27examined about and reveal in testimony any of the following
28communications:
29a. Communications of threats against the spouse or a third
30party.
31b. Communications that have been transmitted or revealed to
32a third party.
33c. Communications that are criminal in nature which place a
34strain on the marital relationship.
35d. Communications between spouses who are separated.
-1- 1e. Communications that have no relation to their mutual
2trust and confidence as spouses.
3f. Other communications that the court determines were not
4intended to be confidential.
5 Sec. 4. Section 726.4, Code 2022, is amended to read as
6follows:
7726.4 Husband or wife Spouses may be witness witnesses.
8In all prosecutions under section 726.3, 726.5, or 726.6,
9the husband or wife is a spouses are competent witness
10 witnesses for the state and may testify to relevant acts or
11communications between them.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the privilege of confidential
16communications between spouses in a case. Marital privilege
17allows communication that occurs between spouses to remain
18confidential and free from public exposure and protects spouses
19from being required to testify against one another in a civil
20or criminal case. The bill specifies six exceptions to the
21marital privilege: (1) threats against spouse or third party,
22(2) communications that have been disclosed to a third party,
23(3) communications criminal in nature, (4) communications
24between spouses that are separated, (5) communications that
25have no relation to their mutual trust and confidence as
26spouses, and (6) other communications that the court determines
27were not intended to be confidential. Current law does not
28provide exceptions.
29The bill makes conforming changes.
-2-cm/jh