Bill > S0870

This bill amends South Carolina law to add a new section defining terms and establishing requirements and protections for military chaplains serving in various "militia classes," which include the National Guard, State Guard, and other organized or unorganized militia. It specifies that chaplains must be ordained, endorsed for service, and meet any qualifications for their specific militia class, and they must wear appropriate identifying uniforms. Crucially, the bill ensures the protection of "confidential communications" made to chaplains by militia members and authorized personnel, defining such communications as those made to a chaplain in their official capacity as a spiritual advisor, either as a formal religious act or a matter of conscience, under the established "clergy-penitent privilege." This privilege means chaplains cannot be compelled by commanders or courts to disclose these confidential communications without the individual's informed, freely given, and specific consent, though a military judge can compel testimony if they determine the clergy-penitent privilege does not apply. The State will recognize this privilege for all militia classes and for active duty or reserve chaplains under specified conditions.

Military Affairs and Security

https://www.scstatehouse.gov/billsearch.php?billnumbers=0870&session=126&summary=B