SECTIONS 980-987 - California Statutes

EVIDENCE CODE

SECTION 980-987

980. Subject to Section 912 and except as otherwise provided in
this article, a spouse (or his guardian or conservator when he has a
guardian or conservator), whether or not a party, has a privilege
during the marital relationship and afterwards to refuse to disclose,
and to prevent another from disclosing, a communication if he claims
the privilege and the comunication was made in confidence between
him and the other spouse while they were husband and wife.

981. There is no privilege under this article if the communication
was made, in whole or in part, to enable or aid anyone to commit or
plan to commit a crime or a fraud.

982. There is no privilege under this article in a proceeding to
commit either spouse or otherwise place him or his property, or both,
under the control of another because of his alleged mental or
physical condition.

983. There is no privilege under this article in a proceeding
brought by or on behalf of either spouse to establish his competence.

984. There is no privilege under this article in:
(a) A proceeding brought by or on behalf of one spouse against the
other spouse.
(b) A proceeding between a surviving spouse and a person who
claims through the deceased spouse, regardless of whether such claim
is by testate or intestate succession or by inter vivos transaction.

985. There is no privilege under this article in a criminal
proceeding in which one spouse is charged with:
(a) A crime committed at any time against the person or property
of the other spouse or of a child of either.
(b) A crime committed at any time against the person or property
of a third person committed in the course of committing a crime
against the person or property of the other spouse.
(c) Bigamy.
(d) A crime defined by Section 270 or 270a of the Penal Code.

986. There is no privilege under this article in a proceeding under
the Juvenile Court Law, Chapter 2 (commencing with Section 200) of
Part 1 of Division 2 of the Welfare and Institutions Code.

987. There is no privilege under this article in a criminal
proceeding in which the communication is offered in evidence by a
defendant who is one of the spouses between whom the communication
was made.