South Carolina H 3798: Military chaplains

Bill Text

2025-2026 Bill 3798 Text of Previous Version (Feb. 18, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3798

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

February 18, 2026

H. 3798

Introduced by Reps. Murphy, G. M. Smith, Brewer, 
T. Moore, Guest, Hager, Yow, C. Mitchell, W. Newton, Lawson, Stavrinakis, 
Govan, Erickson, Bradley, Weeks, Hart, Williams, Rivers and Gilliard 

S. Printed 2/18/26--S.

Read the first time February 19, 2025

________

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.

 Amend Title To Conform

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 militia classes, National Guard, State Guard, organized 
militia not in National Guard Service, and the unorganized militia, shall:

 (1) 
be properly ordained and endorsed for militia service by the Department of 
Defense or an approved Department of Defense affiliate, the Adjutant General or 
his designee, or the Commander of the South Carolina State Guard or his 
designee, as well as any specific qualifications required by any of the militia 
classes;

 (2) 
wear uniforms properly identifying their status as chaplains appropriate to 
their militia status and as defined by their militia class; and

 (3) 
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.

 (F) 
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 February 18, 2026 at 05:57 PM