H*3199(Rat #0155, Act #0094 of 2003)  General Bill, By J.E. Smith, Harrison, 
Cobb-Hunter, Altman, Bailey, Richardson and Cotty
 AN ACT TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO
 INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND
 RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO
 PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO
 REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING
 CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN
 THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A
 COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION
 19-11-90. - ratified title

   12/11/02  House  Prefiled
   12/11/02  House  Referred to Committee on Judiciary
   01/14/03  House  Introduced and read first time HJ-78
   01/14/03  House  Referred to Committee on Judiciary HJ-78
   02/04/03  House  Member(s) request name added as sponsor: Cotty
   02/05/03  House  Committee report: Favorable Judiciary HJ-10
   02/06/03  House  Read second time HJ-27
   02/06/03  House  Unanimous consent for third reading on next
                     legislative day HJ-28
   02/06/03         Scrivener's error corrected
   02/07/03  House  Read third time and sent to Senate HJ-2
   02/11/03  Senate Introduced and read first time SJ-5
   02/11/03  Senate Referred to Committee on Judiciary SJ-5
   05/21/03  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   05/22/03  Senate Amended SJ-25
   05/22/03  Senate Read second time SJ-25
   06/04/03  Senate Read third time and returned to House with
                     amendments SJ-73
   06/05/03  House  Senate amendment amended HJ-22
   06/05/03  House  Returned to Senate with amendments HJ-22
   06/05/03  Senate Concurred in House amendment and enrolled SJ-173
   06/05/03         Ratified R 155
   07/25/03         Signed By Governor
   09/15/03         Effective date See Act for Effective Date
   09/15/03         Copies available
   09/23/03         Act No. 94

(A94, R155, H3199)

AN ACT TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND WHICH DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST, INCLUDING CHRISTIAN SCIENCE PRACTITIONERS AND RELIGIOUS HEALERS, TO REPORT EXCEPT WHEN THE COMMUNICATION IS RECEIVED FROM THE ALLEGED PERPETRATOR DURING A COMMUNICATION PROTECTED BY THE PRIEST-PENITENT PRIVILEGE PURSUANT TO SECTION 19-11-90.

Be it enacted by the General Assembly of the State of South Carolina:

Mandatory reporting of child abuse

SECTION    1.    Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:

"(A)    A physician, nurse, dentist, optometrist, medical examiner, or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional, member of the clergy including a Christian Science Practitioner or religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in a daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing films, computer technician, or a judge must report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child has been or may be abused or neglected as defined in Section 20-7-490."

Privileged communications

SECTION    2.    Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:

"Section 20-7-550.    The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or clergy member, including Christian Science Practitioner or religious healer, and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member, including Christian Science Practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and applies to any communication made pursuant to Section 20-7-550 on or after the effective date.

Ratified the 5th day of June, 2003.

Approved the 25th day of July, 2003.