Bill Text: GA HB840 | 2009-2010 | Regular Session | Introduced

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Bill Title: Privilege; confidentiality of communications between husband and wife; change certain provisions

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-04-03 - House Second Readers [HB840 Detail]

Download: Georgia-2009-HB840-Introduced.html

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09 LC 29 3893

House Bill 840

By: Representative Collins of the 27th

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to change certain provisions relating to the confidentiality of communications between a husband and wife; to change certain provisions relating to the compellability of testimony by a defendant's spouse; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, is amended by revising Code Section 24-9-23, relating to compellability of testimony by a defendant's spouse, as follows:

"24-9-23.

(a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.

(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the:

(1) The husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged;

(2) The husband or wife is charged with a crime or tort against the person or property of the other spouse; or

(3) An unrefuted showing is made in a criminal proceeding that the spouses acted jointly in the commission of the crime charged."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.