SB559 H JUD AM #1 as amended
Morgan 3345
The Committee on the Judiciary moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
(a) In criminal cases a husband and or wife validly married for purposes of the provisions of §48-1-101 et seq. of this code shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in on behalf of each other their husband or wife, but neither shall be compelled, nor, without the consent of the other their husband or wife, allowed to be called as a witness against the other their husband or wife 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.:
(1) 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;
(2) In any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other;
(3) In any case in which the court determines that each conspired or acted jointly in the commission of the crime charged;
(4) In any proceeding relating to a violation of the laws pertaining to §61-8B-1 et seq. of this code, §61-8C-1 et seq. of this code, §61-8D-1 et seq. of this code, or any violation of §61-2-1 et seq. where the victim is an infant or minor as that term is defined in §2-2-10 of this code; or
(5) In the case of a prosecution for an offense in which the victim is incompetent due to a mental disease or defect or other disability.
(b) The failure of either a 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.