SB 189 West Virginia Senate · 2025 Regular Session

Allowing for testimony of spouses in criminal case

SB 189 amends West Virginia law to allow spouses to testify for or against each other in criminal cases, removing the previous restriction that prevented one spouse from being compelled to testify against the other. The bill specifically permits spousal testimony in cases involving crimes committed by one spouse against a child, grandchild, or other close family members (like parents or siblings), as defined in the law. It also clarifies that a spouse’s decision not to testify cannot be used as evidence against the accused or commented on by the court or jury. This change directly affects spouses involved in criminal trials where family violence or harm to dependents is alleged.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Feb 12, 2025
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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary
upper
1 primary · 3 co-sponsors

Sponsors