South Carolina S 698: Military Chaplains

Bill Text

2025-2026 Bill 698 Text of Previous Version (Dec. 10, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 698

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 25-1-180 SO AS TO PROVIDE CERTAIN CRITERIA FOR MILITARY 
CHAPLAINS, AND TO PROVIDE THAT MILITARY CHAPLAINS HAVE THE PRIVILEGE TO REFUSE 
TO DISCLOSE CERTAIN 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 
25-1-180. (A) Military chaplains 
serving in any of the three militia classes, National Guard, organized militia 
not in National Guard Service, or unorganized militia, shall:

 (1) be properly ordained and endorsed 
for militia service by a recognized military-endorsing agency, as well as any 
specific qualifications required by any of the three militia classes; and

 (2) possess privileged communication 
with all militia members, authorized dependents, and authorized personnel as 
defined by each militia class. The privilege also may be claimed on behalf of 
the person by the chaplain who received the communication.

 (B) Confidential communication is any 
communication made to a chaplain by an individual possessing the privilege if 
the communication is made either as a formal act of religion or as a matter of 
conscience. A communication is also confidential if it is made to a chaplain in 
his official capacity as a spiritual advisor.

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

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

 (E) Neither a commander nor a court may 
require a chaplain or individual to disclose a confidential communication when 
a privilege exists. However, if a military judge or other presiding official 
decides that no privilege exists, a chaplain may have an obligation to testify.

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

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This web page was last updated on December 10, 2025 at 02:19 PM