Georgia House of Representatives - 1995/1996 Sessions

HB 165 - Witnesses; husband and wife; when compellable to give evidence

Page Numbers - 1/ 2

Code Sections - 24-9-23

1. Walker  87th           2. Dobbs  92nd             3. Stancil  91st
4. Johnson  84th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/95  Read 1st Time                                                                
              1/13/95  Read 2nd Time                                                                
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Code Sections amended: 24-9-23                                                                      


HB 165                                            LC 16 3928






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 1 of Article 2 of Chapter 9 of Title 24 of the
  1- 2  Official Code of Georgia Annotated, relating to certain
  1- 3  privileges and confidentiality regarding certain testimony
  1- 4  and communications of witnesses generally, so as to provide
  1- 5  that a husband and wife shall be competent and compellable
  1- 6  to give evidence in certain criminal proceedings; to provide
  1- 7  conditions regarding when such husband or wife shall be
  1- 8  compellable to give evidence; to limit such evidence; to
  1- 9  provide for related matters; to repeal conflicting laws; and
  1-10  for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Part 1 of Article 2 of Chapter 9 of Title 24 of the Official
  1-13  Code of Georgia Annotated, relating to certain privileges
  1-14  and confidentiality regarding certain testimony and
  1-15  communications of witnesses generally, is amended by
  1-16  striking Code Section 24-9-23, relating to the giving of
  1-17  evidence of a husband and wife in criminal proceedings, and
  1-18  inserting in its place a new Code Section 24-9-23 to read as
  1-19  follows:

  1-20    "24-9-23. (Index)

  1-21    (a) Husband and wife shall be competent but shall not be
  1-22    compellable to give evidence in any criminal proceeding
  1-23    for or against each other.

  1-24    (b) The privilege created by subsection (a) of this Code
  1-25    section or by corresponding privileges in paragraph (1) of
  1-26    Code Section 24-9-21 or subsection (a) of Code Section
  1-27    24-9-27 shall not apply in proceedings in which the
  1-28    husband or wife is charged with a crime against the person
  1-29    of a minor child, but such person shall be compellable to
  1-30    give evidence only on the specific act for which the
  1-31    defendant is charged.




                                 -1- (Index)

                                                  LC 16 3928

  2- 1    (c) The privilege created by subsection (a) of this Code
  2- 2    section or by corresponding privileges in paragraph (1) of
  2- 3    Code Section 24-9-21 or subsection (a) of Code Section
  2- 4    24-9-27 shall not apply in proceedings in which the
  2- 5    husband or wife is charged with a crime which occurred
  2- 6    prior to the marriage, but such person shall be
  2- 7    compellable to give evidence only on the specific act for
  2- 8    which the defendant is charged."

                         SECTION 2.

  2- 9  All laws and parts of laws in conflict with this Act are
  2-10  repealed.




































                                 -2- (Index)