2018 Maryland Code
Courts and Judicial Proceedings
Title 9 - Witnesses
Subtitle 1 - Competence, Compellability, and Privilege
§ 9-106. Testimony by spouses -- Spouse of person charged with a crime

  • (a) In general. -- The spouse of a person on trial for a crime may not be compelled to testify as an adverse witness unless the charge involves:

    • (1) The abuse of a child under 18; or

    • (2) Assault in any degree in which the spouse is a victim if:

      • (i) The person on trial was previously charged with assault in any degree or assault and battery of the spouse;

      • (ii) The spouse was sworn to testify at the previous trial; and

      • (iii) The spouse refused to testify at the previous trial on the basis of the provisions of this section.

  • (b) Record of assertion; expungement. --

    • (1) If the spouse of a person on trial for assault in any degree in which the spouse was a victim is sworn to testify at the trial and refuses to testify on the basis of the provisions of this section, the clerk of the court shall make and maintain a record of that refusal, including the name of the spouse refusing to testify.

    • (2) When an expungement order is presented to the clerk of the court in a case involving a charge of assault in any degree, the clerk shall check the record to determine whether the defendant's spouse refused to testify on the basis of the provisions of this section.

    • (3) If the record shows such refusal, the clerk shall make and maintain a separate record of the refusal, including the defendant's name, the spouse's name, the case file number, a copy of the charging document, and the date of the trial in which the spouse refused to testify.

    • (4) The separate record specified under paragraph (3) of this subsection:

      • (i) Is not subject to expungement under Title 10, Subtitle 1 of the Criminal Procedure Article; and

      • (ii) Shall be available only to the court, a State's Attorney's office, and an attorney for the defendant.

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