The California statute on what matter? Section 970 is the spousal privilege.
That’s what I mean, spousal privilege. The witness is not forbidden to testify thus, but cannot be compelled to, under the statute.
There are two “spousal privileges.” The lesser knownis the marital communications privilege, which relates to confidential matters discussed during the marriage and may be invoked by one partner to prevent the other (or anyone else) from testifying on those matters even after divorce. In California, the marital communications privilege is codified at § 980 of the evidence code. It has been part of California law in some form since 1863, according to this article.
The other is the common law spousal privilege you are discussing, but that may only be invoked by the testifying spouse.
Even the privilege referred to in Section 980 is mitigated.
In Riverside County Sheriff’s Department v. Zigman (2008), it was ruled that “Marital communications privilege does not apply in law enforcement investigations and hearings.”–169 Cal.App.4th 763, 87 Cal.Rptr.3d 358 (App. Dist. 4th, review denied).
Well, yes. There are rather a lot of exceptions. You just asked when it took effect.
True. And Section 980 begins, “except as otherwise provided by statute.” (But none of these statutory exceptions appear in West’s annotated volume, under the Section 980 heading.)
I would still like to know when the episode aired. Before spousal privilege was transferred to the Evidence Code it had been in the Code of Civil Procedure, Section 1881, since it was originally enacted in 1872.