Senate Bill sb0310

    Florida Senate - 2007                                   SB 310

    By Senator Fasano





    11-103-07

  1                      A bill to be entitled

  2         An act relating to the privilege against

  3         disclosure of communications made in confidence

  4         between spouses; amending s. 90.504, F.S.;

  5         providing that there is no husband-wife

  6         privilege in a criminal proceeding in which one

  7         spouse is charged with murder in the first

  8         degree; providing an effective date.

  9  

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

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12         Section 1.  Section 90.504, Florida Statues, is amended

13  to read:

14         90.504  Husband-wife privilege.--

15         (1)  A spouse has a privilege during and after the

16  marital relationship to refuse to disclose, and to prevent

17  another from disclosing, communications which were intended to

18  be made in confidence between the spouses while they were

19  husband and wife.

20         (2)  The privilege may be claimed by either spouse or

21  by the guardian or conservator of a spouse.  The authority of

22  a spouse, or guardian or conservator of a spouse, to claim the

23  privilege is presumed in the absence of contrary evidence.

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

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

26  spouse against the other spouse.

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

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

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

30  a child of either.

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






    Florida Senate - 2007                                   SB 310
    11-103-07




 1         (c)  In a criminal proceeding in which the

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

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

 4         (d)  In a criminal proceeding in which one spouse is

 5  charged with murder in the first degree.

 6         Section 2.  This act shall take effect July 1, 2007.

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 9                          SENATE SUMMARY

10    Provides that there is no husband-wife privilege in a
      criminal proceeding in which one spouse is charged with
11    murder in the first degree.

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