Bill > SB139

This bill amends West Virginia Code §57-3-3 to expand the exceptions to the rule that spouses cannot be compelled to testify against each other in criminal cases. Previously, a spouse could be compelled to testify against the other if the offense was committed by one spouse against the other, or against their child, grandchild, parent, sibling, a minor, or someone with a mental disability. This bill adds new exceptions, allowing a spouse to be compelled to testify if the offense was committed by one spouse against the grandchild or stepchild of either spouse, or against a child for whom either spouse has guardianship or custodial rights. The term "spouses" is used instead of "husband and wife" for gender neutrality. The bill maintains that a spouse's failure to testify will not create a presumption against the accused or be commented upon by anyone.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=139&year=2026&sessiontype=RS&btype=bill