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House File 2282 - 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.
333. Subsection 1 does not apply to any proceeding in which
34one spouse is charged with an offense against the other spouse.
35 Sec. 4. Section 726.4, Code 2022, is amended to read as
-1-1follows:
2726.4 Husband or wife Spouses may be witness witnesses.
3In all prosecutions under section 726.3, 726.5, or 726.6,
4the husband or wife is a spouses are competent witness
5 witnesses for the state and may testify to relevant acts or
6communications between them.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the privilege of confidential
11communications between spouses in a case. Marital privilege
12allows communication that occurs between spouses to remain
13confidential and free from public exposure and protects spouses
14from being required to testify against one another in a civil
15or criminal case. The bill specifies three exceptions to the
16marital privilege: (1) threats against spouse or third party,
17(2) communications that have been disclosed to a third party,
18and (3) when one spouse is charged with an offense against the
19other. Current law does not provide exceptions.
20The 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.
333. Subsection 1 does not apply to any proceeding in which
34one spouse is charged with an offense against the other spouse.
35 Sec. 4. Section 726.4, Code 2022, is amended to read as
-1-1follows:
2726.4 Husband or wife Spouses may be witness witnesses.
3In all prosecutions under section 726.3, 726.5, or 726.6,
4the husband or wife is a spouses are competent witness
5 witnesses for the state and may testify to relevant acts or
6communications between them.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to the privilege of confidential
11communications between spouses in a case. Marital privilege
12allows communication that occurs between spouses to remain
13confidential and free from public exposure and protects spouses
14from being required to testify against one another in a civil
15or criminal case. The bill specifies three exceptions to the
16marital privilege: (1) threats against spouse or third party,
17(2) communications that have been disclosed to a third party,
18and (3) when one spouse is charged with an offense against the
19other. Current law does not provide exceptions.
20The bill makes conforming changes.
-2-cm/jh