South Carolina S 870: Oil and gas exploration

Bill Text

2025-2026 Bill 870 Text of Previous Version (Jan. 29, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 870

Indicates Matter Stricken
Indicates New Matter

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

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 1, Title 25 of the S.C. Code is 
amended by adding:

 Section 
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.

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

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