A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 25-1-80 SO AS TO DEFINE NECESSARY TERMS, TO LIST REQUIREMENTS FOR MILITARY CHAPLAINS, TO ENSURE PRIVILEGED COMMUNICATION BETWEEN CHAPLAINS AND MILITIA MEMBERS AND AUTHORIZED PERSONNEL, AND TO PROVIDE DISCLOSURE EXCEPTIONS FOR CONFIDENTIAL COMMUNICATIONS.

 

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

 

SECTION 1.   Article 1, Chapter 1, Title 25 of the S.C. Code is amended by adding:

 

    Section 25-1-80. (A) As used in this section:

       (1) "Confidential communication" means any communication made to a chaplain by an individual possessing the clergy-penitent privilege if the communication is made either as a formal act of religion or as a matter of conscience or if it is made to a chaplain in his official capacity as a spiritual advisor.

       (2) "Militia classes" means the National Guard, State Guard, organized militia not in National Guard Services, and the unorganized militia.

    (B) A military chaplain, regardless of militia class, shall:

        (1) be properly ordained and endorsed for militia service by a recognized military endorsing agency and hold any specific qualifications required by the militia class for which he serves as a chaplain;

        (2) wear uniforms properly identifying his status as a chaplain appropriate to his militia status and as defined by his militia class; and

        (3) have the authority to engage in privileged communications with all militia members, authorized dependents, and authorized personnel as defined by each militia class or organization. The clergy-penitent privilege may also be claimed on behalf of the person by the chaplain who received the communication.

    (C) A person who has the clergy-penitent privilege may refuse to disclose and to prevent others from disclosing a confidential communication by the person who made the confidential communication to a chaplain if the confidential communication is made as a formal act of religion or as a matter of conscience.

       (1) Chaplains will not disclose a confidential communication revealed in the course of their duties without the informed consent of the person who made the communication. This consent must be freely given, not compelled, and must be specific regarding the information to be disclosed by the chaplain.

       (2) Neither commanders nor courts may require a chaplain or individual to disclose a confidential communication when a clergy-penitent privilege exists. However, if a military judge or other presiding official decides that no clergy-penitent privilege exists, then a military judge or other presiding official may compel the chaplain to testify.

       (3) The State shall recognize the clergy-penitent privilege for all militia classes as well as for any active duty or reserve chaplain, whether in status or not, as long as the communication is with a member who would normally be covered under the clergy-penitent privilege and as long as that communication is made as a formal act of religion or as a matter of conscience.

 

SECTION 2.   This act takes effect upon approval by the Governor.

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