LRB-1819/1
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1995 - 1996 LEGISLATURE
March 21, 1995 - Introduced by Representatives Dobyns, Goetsch, Ladwig,
Silbaugh, Hahn, Skindrud, Ott, Gard, Gunderson and Seratti, cosponsored
by Senator Darling. Referred to Committee on Criminal Justice and
Corrections.
AB235,1,2
1An Act to create 905.05 (3) (e) of the statutes;
relating to: privileged
2communications between spouses.
Analysis by the Legislative Reference Bureau
Under current law, a person has the right to prevent his or her spouse from
testifying against the person as to any private communications between them during
their marriage. This privilege currently does not apply in a number of
circumstances, including in proceedings in which one spouse is charged with a crime
against the other and in proceedings in which a spouse is charged with prostitution.
This bill provides that the privilege does not apply to a proceeding in which the
spouse is charged with a crime against the life of another, including intentional and
reckless homicide, homicide by negligent or intoxicated use of a vehicle or a firearm,
mutilation of a corpse or assisting a suicide.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB235, s. 1
3Section
1. 905.05 (3) (e) of the statutes is created to read:
AB235,1,64
905.05
(3) (e) In proceedings in which a spouse or former spouse is charged with
5a crime specified under s. 940.01, 940.02, 940.03, 940.04, 940.05, 940.06, 940.07,
6940.08, 940.09, 940.10, 940.11, 940.12 or 940.15.
AB235,2,2
1(1) This act first applies to crimes committed on the effective date of this
2subsection.
