SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
967875188Be 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.
In criminal cases husband and wife shall be allowed, and, subject to the rules
of evidence governing other witnesses and subject to the exception stated in
§ 8.01-398, may be compelled to testify in 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 (i) in the
case of a prosecution for an offense committed by one against the other or
against a minor child 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). 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.
In the prosecution for a criminal offense as set forth in (i), (ii) or (iii) above, each shall be a competent witness except as to privileged communications.