This bill amends West Virginia Code §57-3-3, which pertains to the testimony of spouses in criminal cases. The legislation updates the terminology from "husband and wife" to "spouses" to reflect a more inclusive understanding of marital relationships. It allows spouses to testify on behalf of each other in criminal cases, while also stipulating that neither spouse can be compelled to testify against the other without consent, except in specific circumstances.

The bill introduces new provisions that expand the conditions under which one spouse can testify against the other. Specifically, it allows for testimony in cases where one spouse has committed an offense against the other spouse's child, grandchild, stepchild, or any child for whom either spouse has guardianship or custodial rights. Additionally, the bill clarifies that the failure of a spouse to testify will not create a presumption against the accused, nor can it be commented on in court.

Statutes affected:
Introduced Version: 57-3-3