Bill > H3798

This bill establishes specific criteria for military chaplains in South Carolina and grants them the privilege to refuse to disclose certain confidential communications. It outlines that chaplains must be properly ordained and endorsed for service by relevant military or state authorities, wear appropriate uniforms, and have privileged communication with militia members, their dependents, and authorized personnel. The bill defines "confidential communication" as any communication made to a chaplain as a formal religious act, a matter of conscience, or in their official capacity as a spiritual advisor. Importantly, chaplains cannot disclose these confidential communications without the freely given and specific consent of the person who made them, and neither commanders nor courts can compel such disclosure when the privilege applies, though chaplains may be obligated to testify if a presiding official determines the privilege does not exist. This privilege extends to all militia classes and active or reserve chaplains, recognizing the clergy-penitent privilege for communications made as a formal act of religion or a matter of conscience.

Justice, Military Affairs and Security

https://www.scstatehouse.gov/billsearch.php?billnumbers=3798&session=126&summary=B