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Chapter 05 - CRIMINAL PROCEEDINGS

Sections:

47.0501 Spousal privileges inapplicable in criminal proceedings involving domestic or family violence.

47.0502 Record of dismissal required in Court file.

47.0503 Duty of prosecutor to notify victim.

 

47.0501 Spousal privileges inapplicable in criminal proceedings involving domestic or family violence.

The following evidentiary privileges do not apply in any criminal proceeding in which a spouse or other family or household member is the victim of an alleged crime involving domestic or family violence perpetrated by the other spouse:

(a)  The privilege of confidential communication between spouses.

(b)  The testimonial privilege of spouses.

 

History:  2004, PL 28-16.

 

47.0502 Record of dismissal required in Court file.

When a court dismisses criminal charges or a prosecutor moves to dismiss charges against a defendant accused of a crime involving domestic or family violence, the specific reasons for the dismissal must be recorded in the court file.  The prosecutor shall indicate the specific reason why the witness is unavailable and the reasons the case cannot be prosecuted.

 

History:  2004, PL 28-16.

 

47.0503 Duty of prosecutor to notify victim.

A prosecutor shall make reasonable efforts to notify a victim of an alleged crime involving domestic or family violence when the prosecutor has decided to decline prosecution of the crime, to dismiss the criminal charges filed against the defendant, or to enter into a plea agreement.

 

History:  2004, PL 28-16.