Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases?

California, United States of America


The following excerpt is from People v. Siravo, 17 Cal.App.4th 555, 21 Cal.Rptr.2d 350 (Cal. App. 1993):

Assembly Bill No. 3988(1) adds "parent, relative, or cohabitant" to the class of individuals outside the scope of the marital privilege in criminal cases, and (2) changes reporting requirements on violence against elder and dependent adults. These two amendments are reasonably germane to one another and have one general object, which is to address the problem of domestic violence and abuse. (Cal. Const., art. IV, 9; Harbor v. Deukmejian (1987) 43 Cal.3d 1078, 1097-1098, 240 Cal.Rptr. 569, 742 P.2d 1290.)

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