Military Chaplains

2025-2026 Bill 870: Military Chaplains - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 870
STATUS INFORMATION
General Bill
Sponsors: Senators Goldfinch and Sutton
Companion/Similar bill(s): 3798
Document Path: SR-0507KM26.docx
Introduced in the Senate on January 29, 2026
Currently residing in the Senate Committee on
Family and Veterans' Services
Summary: Military Chaplains
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/29/2026

Senate

Introduced and read first time (
Senate Journal-page 5
)

1/29/2026

Senate

Referred to Committee on
Family and Veterans' Services
(
Senate Journal-page 5
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/29/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
25-1-80
SO AS TO DEFINE NECESSARY TERMS, TO LIST REQUIREMENTS FOR MILITARY
CHAPLAINS, TO ENSURE PRIVILEGED COMMUNICATION BETWEEN CHAPLAINS AND MILITIA
MEMBERS AND AUTHORIZED PERSONNEL, AND TO PROVIDE DISCLOSURE EXCEPTIONS FOR
CONFIDENTIAL COMMUNICATIONS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 1, Chapter 1, Title 25 of the S.C. Code is
amended by adding:

S
ection
25-1-80
.
(
A) As used in this section:

(
1) "Confidential
communication" means any communication made to a chaplain by an individual
possessing the clergy-penitent privilege if the communication is made either as
a formal act of religion or as a matter of conscience or if it is made to a
chaplain in his official capacity as a spiritual advisor.

(
2)
"Militia classes" means the National Guard, State Guard, organized militia not
in National Guard Services, and the unorganized militia.

(
B) A military
chaplain, regardless of militia class, shall:

(
1)
be properly ordained and endorsed for militia service by a recognized military
endorsing agency and hold any specific qualifications required by the militia
class for which he serves as a chaplain;

(
2)
wear uniforms properly identifying his status as a chaplain appropriate to his
militia status and as defined by his militia class; and

(
3)
have the authority to engage in privileged communications with all militia
members, authorized dependents, and authorized personnel as defined by each
militia class or organization. The clergy-penitent privilege may also be
claimed on behalf of the person by the chaplain who received the communication.

(
C) A
person who has the clergy-penitent privilege may refuse to disclose and to
prevent others from disclosing a confidential communication by the person who
made the confidential communication to a chaplain if the confidential
communication is made as a formal act of religion or as a matter of conscience.

(
1)
Chaplains will not disclose a confidential communication revealed in the course
of their duties without the informed consent of the person who made the
communication. This consent must be freely given, not compelled, and must be
specific regarding the information to be disclosed by the chaplain.

(
2) Neither
commanders nor courts may require a chaplain or individual to disclose a
confidential communication when a clergy-penitent privilege exists. However, if
a military judge or other presiding official decides that no clergy-penitent privilege
exists, then a military judge or other presiding official may compel the chaplain
to testify.

(
3)
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.

S
ECTION 2. This act takes effect upon
approval by the Governor.

----XX----

This web page was last updated on January 29, 2026 at 11:42 AM