HOUSE BILL No. 4837


     May 27, 1997, Introduced by Reps. Baird, Wallace, Martinez, Cherry, Schroer, Willard, Anthony, Goschka, Ciaramitaro, Brater, Gire, Hale and Hanley and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 2162 (MCL 600.2162), as amended by 1994 PA

   67.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2162.  (1)  A husband  AN INDIVIDUAL shall not be

 2    examined as a witness for or against his  wife without her con-

 3     sent or a wife for or against her husband  OR HER SPOUSE without

 4     his  THAT SPOUSE'S consent  ,  except  as follows  IN THE FOL-

 5    LOWING CIRCUMSTANCES:

 6         (a)  In suits  A SUIT for divorce.

 7         (b)  In cases of  A prosecution for bigamy.

 8         (c)  In cases of  A prosecution for a crime committed

 9    against  the children  A NATURAL OR ADOPTED CHILD, STEPCHILD, OR

10    FOSTER CHILD of either SPOUSE or  both  AGAINST AN INDIVIDUAL WHO


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 1    IS LESS THAN 18 YEARS OF AGE IF EITHER SPOUSE IS THAT

 2    INDIVIDUAL'S GUARDIAN OR CARES FOR, HAS CUSTODY OF, OR HAS

 3    AUTHORITY OVER THAT INDIVIDUAL REGARDLESS OF THE DURATION OF THAT

 4    CARE, CUSTODY, OR AUTHORITY.

 5         (d)  In a  A cause of action that  grows  ARISES out of a

 6    personal wrong or injury done by one to the other  ,  or  grows 

 7    out of the refusal or neglect to furnish the spouse or children

 8    with suitable support.

 9         (e)  In cases  A CASE of desertion or abandonment.

10         (f)  In cases  A CASE arising under section 6 of  chapter 83

11     of the Revised Statutes of 1846, as amended, being section 551.6

12     of the Michigan Compiled Laws  1846 RS 83, MCL 551.6, relating to

13    marriage.

14         (g)  In cases  A CASE in which the husband or wife is a

15    party  to the record  in a suit, action, or proceeding if the

16    title to the separate property of the husband or wife  so  called

17    or offered as a witness, or  if  the title to property derived

18    from, through, or under the husband or wife  so  called or

19    offered as a witness, is the subject matter in controversy or

20    litigation in the suit, action, or proceeding, in opposition to

21    the claim or interest of the other  of said married persons, 

22    SPOUSE who is a party  to the record  in the suit, action, or

23    proceeding.  In all such cases, the  THE husband or wife who

24    makes the claim of title, or under or from whom the title is

25    derived,  shall be  IS as competent to testify in relation to

26     said  THE separate property and the title  thereto  TO THAT

27    PROPERTY without the consent of  said husband or wife,  THE



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 1    SPOUSE who is a party  to the record  in the suit, action, or

 2    proceeding  ,  as  though  IF the marriage  relation  did not

 3    exist.

 4         (2) Except  that  as otherwise provided in subsections (3)

 5    and (4), a married person or a person  that  WHO has been married

 6    previously shall not be examined as to any communication made

 7    between that person and his or her spouse or former spouse during

 8    the marriage.

 9         (3) Except as otherwise provided in subsection (1), a mar-

10    ried person may be examined, 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

13    subsection (1)(a) to (g).

14         (4) A person  that  WHO has been married previously may be

15    examined, with his or her consent, as to any communication  made 

16    between that person and his or her former spouse during the mar-

17    riage regarding a matter described in subsection (1)(a) to (g).

18         (5) In an action or proceeding instituted by the husband or

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

20    ARE not  be  competent to testify.

















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