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 rights 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 of confidential communication with militia members, authorized dependents, and personnel, which can be claimed on behalf of the individual by the chaplain.

Additionally, the bill stipulates that confidential communications made to chaplains, whether as a formal act of religion or a matter of conscience, cannot be disclosed without the informed consent of the individual who made the communication. It also prohibits commanders or courts from requiring chaplains to disclose such communications, although a military judge may determine if the privilege exists. This legislation is designed to protect the confidentiality of communications between military personnel and chaplains, ensuring that sensitive information remains private unless consent is given. 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