| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0142* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 142 | |
| 11 | 8 | E2 5lr1259 | |
| 12 | 9 | HB 406/24 – JUD (PRE–FILED) CF HB 241 | |
| 13 | 10 | By: Senator Sydnor | |
| 14 | 11 | Requested: October 17, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: January 24, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Marriage – Confidential Communication 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of clarifying that “spouse” includes a former spouse for purposes of 3 | |
| 28 | 22 | disclosure of confidential communications occurring during marriage; establishing 4 | |
| 29 | 23 | that a certain spouse is competent to disclose a certain confidential communication 5 | |
| 30 | 24 | in a criminal action in which one spouse is charged with a crime against the other 6 | |
| 31 | 25 | spouse; and generally relating to confidential communications occurring during 7 | |
| 32 | 26 | marriage. 8 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 9 | |
| 35 | 29 | Article – Courts and Judicial Proceedings 10 | |
| 36 | 30 | Section 9–105 11 | |
| 37 | 31 | Annotated Code of Maryland 12 | |
| 38 | 32 | (2020 Replacement Volume and 2024 Supplement) 13 | |
| 39 | 33 | ||
| 40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 41 | 35 | That the Laws of Maryland read as follows: 15 | |
| 42 | 36 | ||
| 43 | 37 | Article – Courts and Judicial Proceedings 16 | |
| 44 | 38 | ||
| 45 | 39 | 9–105. 17 | |
| 46 | 40 | ||
| 47 | 41 | (A) IN THIS SECTION, “SPOUSE” INCLUDES A FORMER SP OUSE. 18 | |
| 42 | + | ||
| 43 | + | (B) [One] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, ONE 19 | |
| 44 | + | spouse is not competent to disclose any confidential communication between the spouses 20 | |
| 45 | + | occurring during their marriage. 21 | |
| 48 | 46 | 2 SENATE BILL 142 | |
| 49 | 47 | ||
| 50 | 48 | ||
| 51 | - | (B) [One] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, ONE 1 | |
| 52 | - | spouse is not competent to disclose any confidential communication between the spouses 2 | |
| 53 | - | occurring during their marriage. 3 | |
| 49 | + | (C) (1) A SPOUSE WHO IS THE AL LEGED VICTIM IS COMP ETENT TO 1 | |
| 50 | + | DISCLOSE A CONFIDENT IAL COMMUNICATION BE TWEEN SPOUSES OCCURR ING 2 | |
| 51 | + | DURING THE IR MARRIAGE IN A CRI MINAL ACTION IN WHIC H ONE SPOUSE IS 3 | |
| 52 | + | CHARGED WITH A CRIME AGAINST THE OTHER SP OUSE. 4 | |
| 54 | 53 | ||
| 55 | - | (C) (1) A SPOUSE WHO IS THE AL LEGED VICTIM IS COMP ETENT TO 4 | |
| 56 | - | DISCLOSE A CONFIDENT IAL COMMUNICATION BE TWEEN SPOUSES OCCURR ING 5 | |
| 57 | - | DURING THEIR MARRIAG E IN A CRIMINAL ACTI ON IN WHICH ONE SPOU SE IS 6 | |
| 58 | - | CHARGED WITH A CRIME AGAINST THE OTHER SP OUSE. 7 | |
| 54 | + | (2) A SPOUSE MAY NOT BE CO MPELLED TO TESTIFY T O A 5 | |
| 55 | + | CONFIDENTIAL COMMUNI CATION UNDER THIS SU BSECTION. 6 | |
| 59 | 56 | ||
| 60 | - | | |
| 61 | - | ||
| 57 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 | |
| 58 | + | October 1, 2025. 8 | |
| 62 | 59 | ||
| 63 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
| 64 | - | October 1, 2025. 11 | |
| 65 | - | ||
| 66 | - | ||
| 67 | - | ||
| 68 | - | ||
| 69 | - | Approved: | |
| 70 | - | ________________________________________________________________________________ | |
| 71 | - | Governor. | |
| 72 | - | ________________________________________________________________________________ | |
| 73 | - | President of the Senate. | |
| 74 | - | ________________________________________________________________________________ | |
| 75 | - | Speaker of the House of Delegates. |