5280 AMH DENT WICM 607

SB 5280 - H AMD TO HSEL COMM AMD (H-1741.1/23) 579

By Representative Dent

NOT ADOPTED 04/11/2023

On page 2, line 38 of the striking amendment, after "imam," strike "elder,"

On page 6, line 3 of the striking amendment, after "practitioner," strike "member of the clergy,"

On page 8, line 3 of the striking amendment, after "(g)" insert "(i) The reporting requirement in (a) of this subsection also applies to members of the clergy, except with regard to information that a member of the clergy obtains in the member's professional character as a religious or spiritual advisor when the information is obtained solely as a result of a confession made pursuant to the clergy-penitent privilege as provided in RCW 5.60.060(3), and the member of the clergy is authorized to hear such confession, and has a duty under the discipline, tenets, doctrine, or custom of the member's church, religious denomination, religious body, spiritual community, or sect to keep the confession secret. The clergy-penitent privilege does not apply and the member of the clergy shall report child abuse or neglect if the member of the clergy has received the information from any source other than from a confession.

(ii) Nothing in this subsection (1)(g) limits a member of the clergy's duty to report child abuse or neglect when the member of the clergy is acting in some other capacity that would otherwise require them to make a report.

(h)"

On page 15, after line 15 of the striking amendment, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 44.28 RCW to read as follows:

(1) The joint committee must review the individuals who are required to report child abuse or neglect as provided under RCW 26.44.030 and provide recommendations regarding:

(a) Whether there should be any modification to those identified as mandated reporters; and

(b) Whether the individuals identified as mandated reporters should be required to report child abuse and neglect information obtained solely as a result of a privileged communication as provided under RCW 5.60.060.

(2) The joint committee must report its findings required under this section to the appropriate committees of the legislature by December 1, 2023.

(3) This section expires June 30, 2024."

EFFECT: Makes the following changes to the underlying bill:

(1) Allows members of the clergy to not report child abuse or neglect if the information is obtained in the clergy member's professional character as a religious or spiritual advisor when the information is obtained solely as a result of a confession made under clergy-penitent privilege, and the clergy member is authorized to hear the confession and has a duty under the doctrine or custom of the clergy member's church to keep the confession secret.

(2) Requires that a member of the clergy report child abuse or neglect if the clergy member has received the information from any source other than a confession.

(3) Removes "elder" from the definition of "member of the clergy."

(4) Requires that the Joint Legislative Audit and Review Committee provide recommendations on modifying the list of individuals identified as mandated reporters of child abuse and neglect and whether those individuals should be required to report child abuse and neglect information obtained solely as a result of a privileged communication and report its findings to the Legislature by December 1, 2023.

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