Military chaplains, the official text

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

(A104, R109, H3798)

AN ACT 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:

Military chaplains

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 militia classes, National Guard, State Guard, organized militia not in National Guard Service, and the unorganized militia, shall:

(1) be properly ordained and endorsed for militia service by the Department of Defense or an approved Department of Defense affiliate, the Adjutant General or his designee, or the Commander of the South Carolina State Guard or his designee, as well as any specific qualifications required by any of the militia classes;

(2) wear uniforms properly identifying their status as chaplains appropriate to their militia status and as defined by their militia class; and

(3) 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.

(F) 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.

Time effective

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

Ratified the 5th day of March, 2026.

Approved the 9th day of March, 2026.

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