5280 AMH WALJ WICM 606

SB 5280 - H AMD TO HSEL COMM AMD (H-1741.1/23) 575

By Representative Walsh

NOT ADOPTED 04/11/2023

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 in the context of a penitential communication.

(ii) For purposes of this subsection (1)(g) of this section, "penitential communication" means a communication that is:

(A) Communicated through spoken word;

(B) Made privately to a member of the clergy;

(C) Intended by the communicant to be an act of contrition or a matter of conscience;

(D) Intended by both parties to be confidential at the time the communication is made; and

(E) Made in the manner and context that places the member of the clergy specifically and strictly under a level of confidentiality that is considered inviolate by religious doctrine of the member of the clergy.

(iii) A member of the clergy shall report child abuse or neglect if the member of the clergy has received the child abuse or neglect information from any source other than from a penitential communication.

(iv) 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)"

--- END ---