The New Jersey State Assembly yesterday passed a measure to remove the legal protection for communications between spouses when those conversations involve planning a crime.

A3636, the bill proposed, is in line with the New Jersey State Supreme Court’s call for a crime-fraud exception to the marital and civil union communications privilege.

In a case before the SUpreme Court, the police wiretapped the communciations between a couple that were supsected of drug trafficking.  The Justices had suggested that the Legslature create an exception and amend the current New Jersey Rules of Evidence so that spouses cannot invoke privilege when they are both part of an illegal enterprise or scheme.

The privilege between spouseses exist to foster uninhibited communication and to protect the sanctity of marriage and civl unions.

THe bill passed 73-0.

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