SENATE BILL No. 104

February 6, 2001, Introduced by Senators GOSCHKA and HAMMERSTROM and referred

to the Committee on Families, Mental Health and Human Services.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2162 (MCL 600.2162), as amended by 2000 PA

182.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2162. (1) In a civil action or administrative proceed-

2 ing, a husband shall not be examined as a witness for or against

3 his wife without her consent or a wife for or against her husband

4 without his consent, except as provided in subsection (3).

5 (2) In a criminal prosecution, a husband shall not be

6 examined as a witness for or against his wife without his consent

7 or a wife for or against her husband without her consent, except

8 as provided in subsection (3).

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1 (3) The spousal privileges established in subsections (1)

2 and (2) and the confidential communications privilege established

3 in subsection (7) do not apply in any of the following:

4 (a) In a suit for divorce.

5 (b) In a prosecution for bigamy.

6 (c) In a prosecution for a crime committed against a child

7 of either or both or a crime committed against an individual who

8 is younger than 18 years of age.

9 (d) In a cause of action that grows out of a personal wrong

10 or injury done by one to the other or that grows out of the

11 refusal or neglect to furnish the spouse or children with suit-

12 able support.

13 (e) In a case of desertion or abandonment.

14 (f) In a case arising under section 6 of 1846 RS 83, MCL

15 551.6, relating to marriage.

16 (F) (g) In a case in which the husband or wife is a party

17 to the record in a suit, action, or proceeding if the title to

18 the separate property of the husband or wife called or offered as

19 a witness, or if the title to property derived from, through, or

20 under the husband or wife called or offered as a witness, is the

21 subject matter in controversy or litigation in the suit, action,

22 or proceeding, in opposition to the claim or interest of the

23 other spouse, who is a party to the record in the suit, action,

24 or proceeding. In all such cases, the husband or wife who makes

25 the claim of title, or under or from whom the title is derived,

26 shall be as competent to testify in relation to the separate

27 property and the title to the separate property without the

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1 consent of the husband or wife, who is a party to the record in

2 the suit, action, or proceeding, as though the marriage relation

3 did not exist.

4 (4) Except as otherwise provided in subsections (5) and (6),

5 a married person or a person who has been married previously

6 shall not be examined in a civil action or administrative pro-

7 ceeding as to any communication made between that person and his

8 or her spouse or former spouse during the marriage.

9 (5) A married person may be examined in a civil action or

10 administrative proceeding, with his or her consent, as to any

11 communication made between that person and his or her spouse

12 during the marriage regarding a matter described in subsection

13 (3)(a) to (g) (3).

14 (6) A person who has been married previously may be examined

15 in a civil action or administrative proceeding, with his or her

16 consent, as to any communication made between that person and his

17 or her former spouse during the marriage regarding a matter

18 described in subsection (3)(a) to (g) (3).

19 (7) Except as otherwise provided in subsection (3), a mar-

20 ried person or a person who has been married previously shall not

21 be examined in a criminal prosecution as to any communication

22 made between that person and his or her spouse or former spouse

23 during the marriage without the consent of the person to be

24 examined.

25 (8) In an action or proceeding instituted by the husband or

26 wife, in consequence of adultery, the husband and wife shall

27 ARE not be competent to testify.

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