Bill Text: NJ A3631 | 2014-2015 | Regular Session | Introduced
Bill Title: Eliminates spousal and civil union partnership privileges concerning communications, generally, and testifying in criminal proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-15 - Introduced, Referred to Assembly Judiciary Committee [A3631 Detail]
Download: New_Jersey-2014-A3631-Introduced.html
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
SYNOPSIS
Eliminates spousal and civil union partnership privileges concerning communications, generally, and testifying in criminal proceedings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning spousal and civil union privileges, amending P.L.1960, c.52 and P.L.2006, c.103, and repealing section 22 of P.L.1960, c.52.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 17 of P.L.1960, c.52 (C.2A:84A-17) is amended to read as follows:
17. 2A:84A-17. Privilege of accused.
(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.
(2) [The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant.
(3)] An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.
(cf: P.L.2006, c.103, s.90)
2. Section 5 of P.L.2006, c.103 (C.37:1-32) is amended to read as follows:
5. The following list of legal benefits, protections and responsibilities of spouses shall apply in like manner to civil union couples, but shall not be construed to be an exclusive list of such benefits, protections and responsibilities:
a. laws relating to title, tenure, descent and distribution, intestate succession, survivorship, or other incidents of the acquisition, ownership or transfer, inter vivos or at death, of real or personal property, including but not limited to eligibility to hold real and personal property as tenants by the entirety;
b. causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss of consortium, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;
c. probate law and procedure, including nonprobate transfer;
d. adoption law and procedures;
e. laws relating to insurance, health and pension benefits;
f. domestic violence protections pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) and domestic violence programs;
g. prohibitions against discrimination based upon marital status;
h. victim's compensation benefits, including but not limited to compensation to spouse, children and relatives of homicide victims;
i. workers' compensation benefits pursuant to chapter 15 of Title 34 of the Revised Statutes, including but not limited to survivors' benefits and payment of back wages;
j. laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, and any rights guaranteed to a hospital patient pursuant to P.L.1989, c.170 (C.26:2H-12.7 et seq.) or a nursing home resident pursuant to P.L.1976, c.120 (C.30:13-1 et seq.);
k. advance directives for health care and designation as a health care representative pursuant to P.L.1991, c.201 (C.26:2H-53 et al.);
l. family leave benefits pursuant to P.L.1989, c.261 (C.34:11B-1 et seq.);
m. public assistance benefits under State law, including, but not limited to: Work First New Jersey benefits pursuant to P.L.1997, c.38 (C.44:10-55 et seq.); medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); Supplemental Security Income pursuant to P.L.1973, c.256 (C.44:7-85 et seq.); pharmaceutical assistance pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) and P.L.2001, c.96 (C.30:4D-43 et seq.); hearing aid assistance pursuant to P.L.1987, c.298 (C.30:4D-36 et seq.); and utility benefits pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.) and P.L.1981, c.210 (C.48:2-29.30 et al.);
n. laws relating to taxes imposed by the State or a municipality including but not limited to homestead rebate tax allowances, tax deductions based on marital status or exemptions from realty transfer tax based on marital status;
o. [laws relating to immunity from compelled testimony and the marital communication privilege;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
p. the home ownership rights of a surviving spouse;
q. the right of a spouse to a surname change without petitioning the court;
r. laws relating to the making of, revoking and objecting to anatomical gifts pursuant to P.L.1969, c.161 (C.26:6-57 et seq.);
s. State pay for military service;
t. application for absentee ballots;
u. legal requirements for assignment of wages; and
v. laws related to tuition assistance for higher education for surviving spouses or children.
(cf: P.L.2006, c.103, s.5)
3. Section 22 of P.L.1960, c.52 (C.2A:84A-22) is repealed.
4. This act shall take effect immediately.
STATEMENT
This act would repeal and amend statutory law to eliminate marital and civil union partnership privileges.
Currently, section 22 of P.L.1960, c.52 (C.2A:84A-22), also enumerated as Rule 509 of the New Jersey Rules of Evidence, provides that no person shall disclose any communication made in confidence between such person and his or her spouse or partner in a civil union couple unless both consent to the disclosure or unless the communication is relevant to an issue in an action between them, or in a criminal action or proceeding in which either spouse or partner consents to the disclosure, or in a criminal action or proceeding under section 17 of P.L.1960, c.52 (C.2A:84A-17), for which a testimonial privilege does not apply. The requirement for consent does not terminate with a couple's divorce, dissolution, or separation.
Section 17 of P.L.1960, c.52 (C.2A:84A-17), also enumerated as Rule 501 of the New Jersey Rules of Evidence, currently prohibits a spouse or partner in a civil union couple from testifying about the other accused spouse or partner in a criminal action except to prove the fact of marriage or civil union unless such spouse or partner consents; the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent; or such spouse or partner is the complainant.
Spousal and partnership privileges in this State stem from the strong public policy of encouraging free and uninhibited communication between spouses and partners, and, consequently, of protecting the sanctity and tranquility of marriages and civil unions. However, in their current form, these privileges also unintentionally serve to immunize conversations between spouses and partners about their ongoing and future joint criminal behavior.
In a unanimous decision, State v. Terry, 218 N.J. 224 (2014), the New Jersey Supreme Court made a proposal to include a crime-fraud exception to the marital and civil union communications privilege in an effort to strike an appropriate balance between marital and civil union partnership privacy and the public's interest in attaining justice.
The sponsor recognizes that implementation of the New Jersey Supreme Court's recommendation will, in some instances, prevent the unintended consequence of protection being provided to certain criminal spouses and partners pursuant to the communications privilege. However, it is the sponsor's belief that the recommendation will not sufficiently prevent immunity from being granted to certain criminals as a result of the privilege. Thus, this bill would go farther and would eliminate the privilege altogether.
The sponsor observes that the marital and civil union partnership privileges are most often invoked by a spouse or partner in a civil union couple who possesses information on their accused spouse or partner's criminal activity, and that it is less often utilized by a spouse or partner who plans or commits a crime together with their spouse or partner. The proposal in State v. Terry would apply only where criminal activity involves spouses and partners who are joint participants. The New Jersey Supreme Court's proposal would therefore continue to provide protection to a spouse or partner in most types of criminal actions in which the privilege is invoked. It is the sponsor's intent to eliminate marital and civil union partnership privileges, which serve to protect communications that may be used to conceal fraud or otherwise work injustice.
In addition, the bill amends section 5 of P.L.2006, c.103 (C.37:1-32) to reflect the above-described elimination of marital and civil union partnership privileges.
