Evidence bills

The legislature is considering some bills that would affect evidence rules:

HB 1508 creates a hearsay exception "against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness."

HB 1207 (introduced Jan. 18) and SB 5133 (introduced Jan. 14) would change the rules about privileged communications between spouses. The existing law says that a wife has to consent to her husband's testifying -- and vice versa -- but the amended law would say that a husband can testify against his wife as long as he consents himself -- and the same for the wife. The Senate Judiciary Committee bill report summarizes the bill and the testimony for and against (who do you expect to line up on either side?). See also the bill analysis from the House Judiciary Committee.

Filed in: legislation, evidence, hearsay, privilege