Allows spouses to testify against each other in certain West Virginia criminal cases.
West Virginia SB139 amends the state code to allow spouses to testify against each other in criminal cases involving offenses against a child, grandchild, or a person under guardianship or custodial rights. The bill specifies that neither spouse can be compelled to testify against the other without consent, except in cases of offenses against the other spouse or a minor. The failure of either spouse to testify will not create a presumption against the accused or be commented on by anyone in court.
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