SB559 SFA Takubo #1 3-10

Curia  7824

Senator Takubo moved to amend the House amendment by striking out everything after the enacting clause and inserting in lieu thereof the following:

 

ARTICLE 3. COMPETENCY OF WITNESSES.

 

§57-3-3. Testimony of husband and wife in criminal cases.

In criminal cases husband and wife 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 any minor. The failure of either 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.

 

Adopted

Rejected