West Virginia 2024 Regular Session Status: Enacted 2 R cosponsors

HB 4999 — Creating exception to spousal privilege

Last action — Chapter 95, Acts, Regular Session, 2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 22, 2024. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 46 removed

Plain-language change summary

The amendment to Bill HB 4999 changes the title and clarifies the scope of spousal testimonial privilege in West Virginia. It now explicitly allows one spouse to testify against the other when the offense involves their grandchildren, minors, or individuals deemed incompetent due to mental health issues. This change is significant because it helps ensure that serious crimes against vulnerable individuals, including children and those unable to defend themselves, can be prosecuted more effectively, thereby enhancing legal protections for these groups.

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Latest
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for House Bill 4999 B YDELEGATES KIRB, STEEL, BROOKS,ANDC.
HB4999 HFAT Fast 2-26Morgan 3345 Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
PRITT [Passed March 8, 2024;
B.
in effect ninety days from passage.] Enr CS for HB 4999 AN ACT to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to expanding the exception to spousal testimonial privilege to include cases of offenses committed against the grandchildren of either spouse, or minor, as defined in §2-2-10 of this code, or any person deemed incompetent by mental disease, defect, or other disability.
4999 -- “A BILL to amend and reenact §57-3-3 of the Code of West Virginia, 1931, as amended, relating to expanding the exception to spousal testimonial privilege to include cases of offenses committed against the grandchildren of either spouse, or minor, as defined in §2-2-10 of this code, or any person deemed incompetent by mental disease, defect, or other disability ”;    AdoptedRejected 
Be it enacted by the Legislature of West Virginia:
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 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, grandchild, father, mother, sister or brother of either of them, orminor, as defined in §2-2-10 of this code, or any person deemed incompetent by mental disease, defect, or other disability.
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.
Enr CS for HB 4999 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2024.
.............................................................
Governor 3
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Action History

  1. Chapter 95, Acts, Regular Session, 2024

  2. Approved by Governor 3/27/24

  3. To Governor 3/21/2024

  4. Approved by Governor 3/27/24 - House Journal

  5. Approved by Governor 3/27/2024 - Senate Journal

  6. To Governor 3/21/2024 - House Journal

  7. To Governor 3/21/2024 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Passed Senate (Roll No. 442)

  11. Read 3rd time

  12. On 3rd reading

  13. Read 2nd time

  14. On 2nd reading

  15. Read 1st time

  16. Immediate consideration

  17. Reported do pass

  18. To Judiciary

  19. To Judiciary

  20. Introduced in Senate

  21. Communicated to Senate

  22. Title amendment adopted (Voice vote)

  23. Passed House (Roll No. 294)

  24. Read 3rd time

  25. On 3rd reading, Special Calendar

  26. Read 2nd time

  27. On 2nd reading, Special Calendar

  28. Read 1st time

  29. On 1st reading, Special Calendar

  30. By substitute, do pass

  31. To House Judiciary

  32. Introduced in House

  33. To Judiciary

  34. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

  • Kirby

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 17000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Not Voting
Vince Deeds Republican Yea

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 65001
Unaffiliated 24002
Democrat 7001
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Ross — Yea
Kirby — Yea
Rowe — Yea
Kump — Yea
Forsht — Yea
Foster — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Griffith — Yea
Summers — Yea
Hamilton — Yea
Martin — Yea
Tully — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Phillips — Yea
Devault — Yea
Winzenreid — Yea
Householder — Yea
Espinosa — Yea
Jeffries — Yea
Fast — Yea
Hardy — Not Voting
Steele — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Not Voting
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Not Voting
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 4999?
HB 4999 is sponsored by Eric Brooks (Republican), Steele, Kirby, and Vacant1 (Republican).
What is the current status of HB 4999?
This bill has been enacted into law. Introduced January 22, 2024. Enacted.
Where can I track HB 4999?
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Last checked for changes 3 months ago · updated continuously

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