284                                       LAWS OF MARYLAND                            [Ch. 2

A PERSON CONVICTED OF PERJURY MAY NOT TESTIFY.

REVISOR'S NOTE: This section is new language
derived from a portion of Art. 35, §1.

SEC. 9-105. SPOUSE-CIVIL PROCEEDINGS.

ONE SPOUSE IS NOT COMPETENT TO DISCLOSE ANY
CONFIDENTIAL COMMUNICATION BETWEEN THE SPOUSES
OCCURRING DURING THEIR MARRIAGE.

REVISOR'S NOTE: This section is new language
derived from a portion of Art. 35, §§ 1 and
4. Art. 35, §4 was amended by Ch. 835, Acts
of 1973. The present statute uses the word
"competent" and is silent as to waiver by
either spouse in a civil proceedings.

SEC. 9-106. SPOUSE OF PERSON CHARGED WITH A CRIME.

THE SPOUSE OF A PERSON ON TRIAL FOR A CRIME MAY
NOT BE COMPELLED TO TESTIFY AS AN ADVERSE WITNESS
UNLESS THE CHARGE INVOLVES THE ABUSE OF A CHILD UNDER
18.

REVISOR'S NOTE: This section is new language
derived from a portion of Art. 35, §4. The
provisions of this section presently follow
§9-105 and logically relate to similar
subject matter. A reference to a criminal
provision in Art. 27 is omitted as the
proposed section sets out the stated crime
and the reference is superfluous. This
section incorporates the provision of Ch.
835, Acts of 1973 which changed the age of a
child from "under 16" to "under 18".
Language is changed for the purpose of
clarity.

SEC. 9-107. DEFENDANT IN A CRIMINAL TRIAL.

A PERSON MAY NOT BE COMPELLED TO TESTIFY IN
VIOLATION OF HIS PRIVILEGE AGAINST SELF-INCRIMINATION.
THE FAILURE OF A DEFENDANT TO TESTIFY IN A CRIMINAL
PROCEEDING ON THIS BASIS DOES NOT CREATE ANY
PRESUMPTION AGAINST HIM.

REVISOR'S NOTE: This section is new language
derived from a portion of Art. 35, §4, as
amended by Ch. 835, Acts of 1973. This
section is intended to implement the mandate