The bill H. 3798 aims to amend the South Carolina Code of Laws by adding Section 25-1-180, which establishes specific criteria for military chaplains and outlines their privileges regarding confidential communications. Under this new section, military chaplains serving in the National Guard, organized militia, or unorganized militia must be properly ordained and endorsed by a recognized military-endorsing agency. They are granted the privilege to maintain confidentiality with all militia members, authorized dependents, and personnel, allowing them to refuse to disclose certain communications made in a religious or conscientious context.

Additionally, the bill stipulates that confidential communications made to chaplains in their official capacity as spiritual advisors cannot be disclosed without the informed consent of the individual who made the communication. It also clarifies that neither military commanders nor courts can compel chaplains to disclose such communications, although a military judge may determine if the privilege exists. This legislation is designed to protect the sanctity of communications between military personnel and their chaplains, ensuring that sensitive information remains confidential unless explicitly permitted to be shared. The act will take effect upon approval by the Governor.

Statutes affected:
01/28/2025: 25-1-180
02/12/2025: 25-1-180
Latest Version: 25-1-180