2003-2004 Bill 3199: Child abuse and neglect, members of clergy required to report unless protected by statutory priest-penitent privilege

South Carolina General Assembly
115th Session, 2003-2004

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A94, R155, H3199

STATUS INFORMATION

General Bill
Sponsors: Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty
Document Path: l:\council\bills\nbd\11056ac03.doc

Introduced in the House on January 14, 2003
Introduced in the Senate on February 11, 2003
Last Amended on June 5, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: July 25, 2003, Signed

Summary: Child abuse and neglect, members of clergy required to report unless protected by statutory priest-penitent privilege

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/11/2002  House   Prefiled
  12/11/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-78
   1/14/2003  House   Referred to Committee on Judiciary HJ-78
    2/4/2003  House   Member(s) request name added as sponsor: Cotty
    2/5/2003  House   Committee report: Favorable Judiciary HJ-10
    2/6/2003  House   Read second time HJ-27
    2/6/2003  House   Unanimous consent for third reading on next legislative 
                        day HJ-28
    2/6/2003          Scrivener's error corrected
    2/7/2003  House   Read third time and sent to Senate HJ-2
   2/11/2003  Senate  Introduced and read first time SJ-5
   2/11/2003  Senate  Referred to Committee on Judiciary SJ-5
   5/21/2003  Senate  Committee report: Favorable with amendment Judiciary SJ-9
   5/22/2003  Senate  Amended SJ-25
   5/22/2003  Senate  Read second time SJ-25
    6/4/2003  Senate  Read third time and returned to House with amendments 
                        SJ-73
    6/5/2003  House   Senate amendment amended HJ-22
    6/5/2003  House   Returned to Senate with amendments HJ-22
    6/5/2003  Senate  Concurred in House amendment and enrolled SJ-173
    6/5/2003          Ratified R 155
   7/25/2003          Signed By Governor
   9/15/2003          Effective date See Act for Effective Date
   9/15/2003          Copies available
   9/23/2003          Act No. 94

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/11/2002
2/5/2003
2/6/2003
5/21/2003
5/22/2003
6/9/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.

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This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.