The bill S. 870 aims to amend the South Carolina Code of Laws by adding Section 25-1-80, which establishes definitions and requirements for military chaplains. It defines "confidential communication" as any communication made to a chaplain under the clergy-penitent privilege, and outlines the various classes of militia, including the National Guard and State Guard. The bill mandates that military chaplains must be properly ordained, endorsed for service, and wear appropriate uniforms. It also grants chaplains the authority to engage in privileged communications with militia members and their authorized dependents.

Additionally, the bill emphasizes the confidentiality of communications made to chaplains, stating that such communications cannot be disclosed without the informed consent of the individual involved. It prohibits commanders and courts from compelling chaplains to disclose confidential communications when the clergy-penitent privilege applies, although a military judge may compel testimony if they determine that the privilege does not exist. The legislation seeks to ensure that the clergy-penitent privilege is recognized for all militia classes and active duty or reserve chaplains, provided the communication is made in a religious context or as a matter of conscience.

Statutes affected:
01/29/2026: 25-1-80
Latest Version: 25-1-80