Florida Senate - 2020                              CS for SB 544
       
       
        
       By the Committee on Criminal Justice; and Senator Harrell
       
       
       
       
       
       591-02253-20                                           2020544c1
    1                        A bill to be entitled                      
    2         An act relating to husband-wife communications
    3         privilege; amending s. 90.504, F.S.; providing that
    4         the privilege for husband-wife communications does not
    5         apply in certain civil or criminal proceedings
    6         involving child victims, to the extent that the
    7         communications concern certain conduct; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) is added to subsection (3) of
   13  section 90.504, Florida Statutes, to read:
   14         90.504 Husband-wife privilege.—
   15         (3) There is no privilege under this section:
   16         (d) In a civil or criminal proceeding if the communication
   17  between spouses concerns any commission of or the attempt to
   18  commit:
   19         1. Any act of child abuse, aggravated child abuse, or child
   20  neglect; any act of manufacture, production, transmission or
   21  possession of child pornography; any act of human trafficking of
   22  a child; any act of sexual abuse against a child; any offense
   23  involving an unlawful sexual act, contact, or penetration
   24  performed in the presence of, with, by, or on any child.
   25         2. Any act which is related to a child and prohibited under
   26  chapter 39, chapter 782, chapter 784, chapter 787, chapter 794,
   27  chapter 796, chapter 800, chapter 826, chapter 827, or chapter
   28  847.
   29         Section 2. This act shall take effect July 1, 2020.