S 698

South Carolina General Assembly
126th Session, 2025-2026
Bill 698
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS
BY ADDING SECTION 25-1-180 SO AS TO PROVIDE CERTAIN CRITERIA FOR MILITARY
CHAPLAINS, AND TO PROVIDE THAT MILITARY CHAPLAINS HAVE THE PRIVILEGE TO REFUSE
TO DISCLOSE CERTAIN 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
25-1-180.  (A) Military chaplains
serving in any of the three militia classes, National Guard, organized militia
not in National Guard Service, or unorganized militia, shall:
       (1) be properly ordained and endorsed
for militia service by a recognized military-endorsing agency, as well as any
specific qualifications required by any of the three militia classes; and
       (2) possess privileged communication
with all militia members, authorized dependents, and authorized personnel as
defined by each militia class. The privilege also may be claimed on behalf of
the person by the chaplain who received the communication.
    (B) Confidential communication is any
communication made to a chaplain by an individual possessing the privilege if
the communication is made either as a formal act of religion or as a matter of
conscience. A communication is also confidential if it is made to a chaplain in
his official capacity as a spiritual advisor.
    (C) A person has the privilege to
refuse to disclose and to prevent others from disclosing a confidential
communication by the person who made the communication to a chaplain if the
communication is made either as a formal act of religion or as a matter of
conscience.
    (D) Chaplains may not disclose a
confidential communication revealed in the course of their duties without the
informed consent of a person who made the communication. This consent must be
given freely and not be compelled and must be specific regarding the
information to be disclosed by the chaplain.
    (E) Neither a commander nor a court may
require a chaplain or individual to disclose a confidential communication when
a privilege exists. However, if a military judge or other presiding official
decides that no privilege exists, a chaplain may have an obligation to testify.
SECTION
2.  This act takes effect upon approval by the Governor.
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