DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 32 Original 2019 Regular Session Thomas
Abstract: Adds an additional exception to the spousal communications privilege when the
communication is made in furtherance of or while participating in a crime or civil wrong or
a conspiracy thereto.
Present law provides that each spouse has a privilege during and after marriage to refuse to disclose,
and to prevent the other spouse from disclosing, confidential communications while they were
husband and wife.
Present law provides that the confidential communications privilege does not apply to the following:
(1)In criminal cases when one spouse is charged with a crime against the person or property of
the other spouse or of a child of either spouse.
(2)In civil cases brought by or on behalf of one spouse against the other spouse.
(3)In commitment or interdiction proceedings.
(4)When the communication is to protect or vindicate the rights of a minor child of either
spouse.
(5)In cases otherwise provided by legislation.
Proposed law adds an additional exception to the present law exceptions when the spousal
communication is made in furtherance of or while participating in a crime or civil wrong or a
conspiracy thereto.
(Amends C.E. Art. 504(C)(5); Adds C.E. Art. 504(C)(6))