Georgia Senate - 1995/1996 Sessions

SB 8 - Criminal Proceedings - husband/ wife giving evidence

Page Numbers - 1/ 2

Code Sections - 24-9-23

1. Guhl  45th             2. Thomas  10th


Senate Comm: S Judy     /         House Comm: Judy       /                                          
Senate Vote: Yeas 53    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/10/95   Read 1st time          1/30/95                                               
             1/25/95   Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             1/26/95   Read 2nd Time          1/31/95                                               
             1/27/95   Read 3rd Time                                                                
             1/27/95   Passed/Adopted                                                               
             CS        Comm/Floor Amend/Sub                                                         
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 24-9-23                                                                      


SB 8  95                                         LC 10 1087S

      SENATE BILL 8

      By:  Senators Guhl of the 45th and Thomas of the 10th


                        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.



                              S. B. 8
-1-er                           -1- (Index)

                                                 LC 10 1087S

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

                         SECTION 2.

  2- 8  All laws and parts of laws in conflict with this Act are
  2- 9  repealed.




































                              S. B. 8
                                 -2- (Index)