WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 797
By Senators Deeds and Woelfel [Introduced February 15, 2024; referred to the Committee on the Judiciary]
 Intr SB 2024R3790
1 A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to
2 the testimony of spouses in a criminal case.
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.
1 In criminal cases husband and wife spouses shall be allowed, and, subject to the rules of
2 evidence governing other witnesses, may be compelled to testify in behalf of each other, but
3 neither shall be compelled, nor, without the consent of the other, allowed to be called as a witness
4 against the other except in the case of a prosecution for an offense committed by one against the
5 other, or against the child, father, mother, sister or brother of either of them, or for an offense
6 committed by one spouse against the grandchild or stepchild of either spouse, or a child for whom
7 either spouse has guardianship or custodial rights. The failure of either husband or wife to testify,
8 however, shall create no presumption against the accused, nor be the subject of any comment
9 before the court or jury by anyone.
NOTE: The purpose of this bill is to allow testimony by one spouse regarding an offense of
the other spouse against a child or grandchild.
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