Tex. Code Crim. Proc. art. 38.10 · Chapter 38. EVIDENCE IN CRIMINAL ACTIONS
EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The privilege of a person's spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with:
(1) a crime committed against the person's spouse, a minor child, or a member of the household of either spouse; or
(2) an offense under Section 25.01, Penal Code (Bigamy).
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 67, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.01, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.38.htm
- Text hash
- sha256 6c6c295fc545455ccc00d7ed47a21fa87c2a06e117ebe8ecea5cec477d263777
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.