WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 4999
BY DELEGATES KIRBY, STEELE, BROOKS, AND C. PRITT
[Passed March 8, 2024; in effect ninety days from passage.]
 Enr CS for HB 4999
1 AN ACT to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating
2 to expanding the exception to spousal testimonial privilege to include cases of offenses
3 committed against the grandchildren of either spouse, or minor, as defined in §2-2-10 of
4 this code, or any person deemed incompetent by mental disease, defect, or other
5 disability.
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 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, grandchild, father, mother, sister or brother of either of them, or minor, as defined
6 in §2-2-10 of this code, or any person deemed incompetent by mental disease, defect, or other
7 disability. The failure of either husband or wife to testify, however, shall create no presumption
8 against the accused, nor be the subject of any comment before the court or jury by anyone.
1
Enr CS for HB 4999
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Introduced Version: 57-3-3
Committee Substitute: 57-3-3
Enrolled Committee Substitute: 57-3-3, 2-2-10