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2013 SESSION
13100721DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-271.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-271.2. Testimony of husband and wife in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section).
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 behalf of each other, but neither shall be compelled to be called as
a witness against the other, except (i) in the case of a prosecution for an
offense committed by one against the other, against a minor child of either, or
against the property of either; (ii) 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; or (iii)
in any proceeding relating to a violation of the laws pertaining to criminal
sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§
18.2-361) involving a minor as a victim and provided the defendant and the
victim are not married to each other, incest (§ 18.2-366), or abuse of children
(§§ 18.2-370 through 18.2-371); or (iv) upon
a finding that the spouses conspired or acted
jointly in the commission of the crime charged. 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 any attorney.
Except in the prosecution for a criminal offense as set forth
in clause (i), (ii) or, (iii) above,
or (iv), in any criminal proceeding, a person has a
privilege to refuse to disclose, and to prevent anyone else from disclosing,
any confidential communication between his spouse and him during their
marriage, regardless of whether he is married to that spouse at the time he
objects to disclosure. For the purposes of this section, "confidential
communication" means a communication made privately by a person to his
spouse that is not intended for disclosure to any other person.