NORTH CAROLINA GENERAL ASSEMBLY

 SESSION

 

 

CHAPTER 116

HOUSE BILL 166

 

 

AN ACT TO AMEND G.S. 8-57 TO ALLOW A SPOUSE TO BE EXAMINED IN BEHALF OF THE STATE AGAINST THE OTHER SPOUSE IN CERTAIN CRIMINAL PROSECUTIONS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 8-57, as the same appears in the 1965 Cumulative Supplement to Volume 1B of the General Statutes of North Carolina, is hereby amended by rewriting the last sentence to read as follows: "Nothing herein shall render any spouse competent or compellable to give evidence against the other spouse in any criminal action or proceeding, except to prove the fact of marriage and facts tending to show the absence of divorce or annulment in cases of bigamy and in cases of criminal cohabitation in violation of the provisions of G.S. 14-183, and except that in all criminal prosecutions of a spouse for an assault upon the other spouse, or for any criminal offense against a legitimate or illegitimate or adopted or foster minor child of either spouse, or for abandonment, or for neglecting to provide for the spouse's support, or the support of the children of such spouse, it shall be lawful to examine a spouse in behalf of the State against the other spouse: Provided that this Act shall not affect pending litigation relating to a criminal offense against a minor child.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 30th day of March, 1967.