SB 139 West Virginia Senate · 2026 Regular Session

Allowing for testimony of spouses in certain criminal cases

SB 139 (West Virginia Senate Bill 139) amends state law to allow one spouse to testify against the other in criminal cases involving offenses committed against a child, grandchild, or vulnerable family member (such as a minor, parent, or person with a disability). The bill specifically removes the requirement for mutual consent when a spouse seeks to testify about crimes against these protected individuals. It directly affects spouses in criminal trials where one partner is accused of harming a child or vulnerable relative. The change clarifies that such testimony can be compelled without the accused spouse's consent, while maintaining that a spouse's refusal to testify cannot be used as evidence against the accused.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Jan 14, 2026
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Total actions
3
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0
Committee
1
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Judiciary
upper
1 primary · 2 co-sponsors

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