History. Code 1981, § 24-5-503 , enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 105, § 1/HB 711.
The 2012 amendment, effective January 1, 2013, substituted the present provisions of subsection (b) for the former provisions, which read: “The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged.”
Cross references.
Competency of wife to testify against husband in proceeding against husband for abandonment of wife, § 19-10-2 .
Law reviews.
For note, “Circling the Wagons: Informational Privacy and Family Testimonial Privileges,” see 20 Ga. L. Rev. 173 (1985).
For article, “The Marital Privileges in Georgia: What You Should Know,” see 6 Ga. St. B.J. 8 (2001).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 204 (2012).
For note, “Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia’s Children,” see 31 Ga. St. U.L. Rev. 643 (2015).
For comment, “Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia’s Children,” see 31 Ga. St. U.L. Rev. 643 (2015).
Structure Georgia Code
§ 24-5-501. Certain Communications Privileged
§ 24-5-502. Communications to Clergyman Privileged
§ 24-5-503. Husband and Wife as Witnesses for and Against Each Other in Criminal Proceedings
§ 24-5-504. Law Enforcement Officers Testifying; Home Address
§ 24-5-505. Party or Witness Privilege
§ 24-5-506. Privilege Against Self-Incrimination; Testimony of Accused in Criminal Case
§ 24-5-507. Grant of Immunity; Contempt
§ 24-5-508. Qualified Privilege for News Gathering or Dissemination
§ 24-5-510. Privileged Communications Between Law Enforcement Officers and Peer Counselors