Senate Bill No. 258
(By Senators Kessler and Mitchell)
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[Introduced January 21, 2002; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article three,
chapter fifty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
exempting the marital privilege in certain situations.
Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter fifty-seven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3. COMPETENCY OF WITNESSES.
§57-3-3. Testimony of husband and wife in criminal cases.
In criminal cases husband and wife shall be allowed, and,
subject to the rules of evidence governing other witnesses, may
be compelled to testify in behalf of each other, but neither
shall be compelled, nor, without the consent of the other, allowed to be called as a witness against the other except in
the case of a prosecution for an offense committed by one
against the other, or against the child, father, mother, sister
or brother of either of them. The failure of either husband or
wife to testify, however, shall create no presumption against
the accused, nor be the subject of any comment before the court
or jury by anyone: Provided, That either husband or wife
may be
compelled to be called as a witness against the other about
statements not made in furtherance of the marital relationship
or about statements made in the presence of others.
NOTE: The purpose of this bill is to follow the national
trend of exempting the marital privilege in certain situations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.