SB559 H JUD AM #1
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:
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 on 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, or minor, as defined in §2-2-10, or any person deemed incompetent by mental disease, defect, or other disability. The failure of either husband or wife spouses to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by anyone.
Adopted
Rejected