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2020 SESSION

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SB 433 Domestic relations cases; invocation of constitutional rights, adverse inference.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Invocation of constitutional rights in domestic relations cases; adverse inference. Allows the trier of fact in a civil domestic relations proceeding to draw an adverse inference if a party or witness in such a proceeding refuses to answer a question regarding adultery on the grounds that such testimony might be self-incriminating.

SUMMARY AS PASSED SENATE:

Use of constitutional rights in a civil case. Repeals the provision that, in any civil case, a party who exercises his constitutional rights cannot have such exercise used against him.

SUMMARY AS INTRODUCED:

Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.