SB559 HFAT Capito 3-8

Morgan 3345

Delegate Capito moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

“A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to spousal privilege; clarifying what constitutes a valid marriage for purposes of the provisions of §48-1-101 et seq. for purposes of spousal privilege; clarifying the exceptions to spousal privilege to exclude therefrom cases where an offense is committed by one spouse against another spouse, or against the child, father, mother, sister or brother of either of them; expanding the exceptions to spousal privilege to exclude therefrom cases where either spouse 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; expanding the exceptions to spousal privilege to exclude therefrom cases where a court determines that each conspired or acted jointly in the commission of the crime charged; expanding the exceptions to spousal privilege to exclude therefrom proceedings 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;  expanding the exceptions to spousal privilege to exclude therefrom cases where the victim is incompetent due to a mental disease or defect or other disability.

Adopted

Rejected