Bill Text: WV SB355 | 2024 | Regular Session | Introduced

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Bill Title: Relating to spousal privilege

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-01-12 - To Judiciary [SB355 Detail]

Download: West_Virginia-2024-SB355-Introduced.html

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WEST virginia legislature

2024 regular session

Introduced

Senate Bill 355

By Senators Trump, Weld, and Woelfel

[Introduced January 12, 2024; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to spousal privilege; and expanding the exceptions to spousal privilege to exclude therefrom cases in which the offense at issue was committed against any child rather than a child of one or both spouses.

Be it enacted by the Legislature of West Virginia:

 

ARTICLE 3. COMPETENCY OF WITNESSES.

§57-3-3. Testimony of husband and wife spouses in criminal cases.

In criminal cases husband and wife spouses shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in on behalf of each other, but neither shall be compelled, nor, without the consent of the other, allowed to be called as a witness against the other except in the case of a prosecution for an offense committed by one against the other, or against the child, father, mother, sister or brother of either of them, or minor, as defined in §2-2-10 of this code, or any person deemed incompetent by mental disease, defect, or other disability. The failure of either husband or wife spouses to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by anyone.

NOTE: The purpose of this bill is to expand the spousal exception and allow for adverse testimony by a spouse when the defendant spouse has committed a crime against "any child" in addition to a child of either spouse.                                                                                                                        

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.