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Introduced Version
Senate Bill 139 History
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Red
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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 139
By Senator Deeds
[Introduced January 14, 2026; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to 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.
In criminal cases
husband and wife
spouses
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, grandchild, father, mother, sister or brother of either of them,
or
minor, as defined in §2-2-10 of this code,
or
any person deemed incompetent by mental disease, defect,
or
other disability,
or for an offense committed by one spouse against the grandchild or stepchild of either spouse, or a child for whom either spouse has guardianship or custodial rights.
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.
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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