House Bill hb0133

    Florida House of Representatives - 2002                 HB 133

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to the husband and wife

  3         privilege against disclosure; amending s.

  4         90.504, F.S.; denying existence of the

  5         privilege in certain criminal proceedings;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraph (d) is added to subsection (3) of

11  section 90.504, Florida Statutes, to read:

12         90.504  Husband-wife privilege.--

13         (3)  There is no privilege under this section:

14         (a)  In a proceeding brought by or on behalf of one

15  spouse against the other spouse.

16         (b)  In a criminal proceeding in which one spouse is

17  charged with a crime committed at any time against the person

18  or property of the other spouse, or the person or property of

19  a child of either.

20         (c)  In a criminal proceeding in which the

21  communication is offered in evidence by a defendant-spouse who

22  is one of the spouses between whom the communication was made.

23         (d)  In a criminal proceeding in which a spouse has

24  been indicted for a capital felony.

25         Section 2.  This act shall take effect October 1, 2002.

26

27            *****************************************

28                          HOUSE SUMMARY

29
      Denies the existence of a husband and wife privilege
30    against disclosure in criminal proceedings in which a
      spouse has been indicted for a capital felony.
31

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CODING: Words stricken are deletions; words underlined are additions.