HB 961 -- Spousal Testimony

Sponsor:  Hollingsworth

Under current law, spouses are not permitted to provide
testimony disclosing confidential communications made between
them.  This bill authorizes exceptions to that prohibition.  A
husband or wife may disclose any communication:

(1)  In a criminal prosecution under Chapters 565 (offenses
against the person), 566 (sexual offenses), or 568 (offenses
against the family) when the victim is under the age of 18;

(2)  If the spouses are living apart at the time of the
communication;

(3)  If an action for dissolution of marriage is pending at the
time of the communication;

(4)  If an ex parte or full order of protection is pending at
the time of the communication;

(5)  In any criminal prosecution where the witness-spouse, his
or her child, or his or her family or household member is a
victim;

(6)  If the communication is made in contemplation of a future
crime or fraud; or

(7)  If the communication relates primarily to business matters.