Proposed FRE 505

Husband-Wife Privilege

(a) General Rule of Privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying against him.

(b) Who May Claim the Privilege. The privilege may be claimed by the accused or by the spouse on his behalf. The authority of the spouse to do so is presumed in the absence of evidence to the contrary.

(c) Exceptions. There is no privilege under this rule (1) in proceedings in which one spouse is charged with a crime against the person or property of the other or of a child of either, or with a crime against the person or property of a third person committed in the course of committing a crime against the other, or (2) as to matters occurring prior to the marriage, or (3) in proceedings in which a spouse is charged with importing an alien for prostitution or other immoral purpose in violation of 8 U.S.C. 1328, with transporting a female in interstate commerce for immoral purposes or other offense in violation of 18 U.S.C. 2421-2424, or with violation of other similar statutes.

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