EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0142*
SENATE BILL 142
E2 5lr1259
HB 406/24 – JUD (PRE–FILED) CF HB 241
By: Senator Sydnor
Requested: October 17, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: January 24, 2025
CHAPTER ______
AN ACT concerning 1
Marriage – Confidential Communication 2
FOR the purpose of clarifying that “spouse” includes a former spouse for purposes of 3
disclosure of confidential communications occurring during marriage; establishing 4
that a certain spouse is competent to disclose a certain confidential communication 5
in a criminal action in which one spouse is charged with a crime against the other 6
spouse; and generally relating to confidential communications occurring during 7
marriage. 8
BY repealing and reenacting, with amendments, 9
Article – Courts and Judicial Proceedings 10
Section 9–105 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
9–105. 17
(A) IN THIS SECTION, “SPOUSE” INCLUDES A FORMER SPOUSE. 18
2 SENATE BILL 142
(B) [One] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, ONE 1
spouse is not competent to disclose any confidential communication between the spouses 2
occurring during their marriage. 3
(C) (1) A SPOUSE WHO IS THE AL LEGED VICTIM IS COMP ETENT TO 4
DISCLOSE A CONFIDENT IAL COMMUNICATION BE TWEEN SPOUSES OCCURR ING 5
DURING THEIR MARRIAG E IN A CRIMINAL ACTI ON IN WHICH ONE SPOU SE IS 6
CHARGED WITH A CRIME AGAINST THE OTHER SP OUSE. 7
(2) A SPOUSE MAY NOT BE CO MPELLED TO TESTIFY T O A 8
CONFIDENTIAL COMMUNI CATION UNDER THIS SUBS ECTION. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2025. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.