WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4894
By Delegate Steele [Introduced January 18, 2024; Referred to the Committee on the Judiciary]
 Intr. HB 2024R2776
1 A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to
2 spousal privilege; and expanding the exceptions to spousal privilege to exclude therefrom
3 cases in which the offense at issue was committed against any child rather than a child of
4 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 in criminal cases.
1 In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence
2 governing other witnesses, may be compelled to testify in on behalf of each other, but neither shall
3 be compelled, nor, without the consent of the other, allowed to be called as a witness against the
4 other except in the case of a prosecution for an offense committed by one against the other, or
5 against the child, father, mother, sister or brother of either of them or any child. The failure of either
6 husband or wife to testify, however, shall create no presumption against the accused, nor be the
7 subject of any comment before the court or jury by anyone.
NOTE: The purpose of this bill is to expand 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.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 57-3-3