H. B. 3057


(By Delegates Brown, Webster, Amores,

Smirl, Fleischauer and Hrutkay)


[Introduced February 19, 2003; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section nine, article three, chapter fifty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing the privilege of confidentiality in communications to clergy when the communications involve matters involving child abuse or child neglect.

Be it enacted by the Legislature of West Virginia:
That section nine, article three, chapter fifty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COMPETENCY OF WITNESSES.

§57-3-9. Communications to priests, nuns, clergy, rabbis, Christian Science practitioners or other religious counselors not subject to being compelled as testimony.

(a) No priest, nun, rabbi, duly accredited Christian Science practitioner or member of the clergy authorized to celebrate the rites of marriage in this state pursuant to the provisions of article two, chapter forty-eight of this code shall be compelled to testify in any criminal or grand jury proceedings or in any domestic relations action in any court of this state:
(1) With respect to any confession or communication, made to such person, in his or her professional capacity in the course of discipline enjoined by the church or other religious body to which he or she belongs, without the consent of the person making such confession or communication; or
(2) With respect to any communication made to such person, in his or her professional capacity, by either spouse, in connection with any effort to reconcile estranged spouses, without the consent of the spouse making the communication. This subsection is in addition to the protection and privilege afforded pursuant to section three hundred one, article one, chapter forty-eight of this code.
 (b) The privilege provided in subsection (a) of this section does not apply to any communication relating to the neglect or abuse of a minor child.

NOTE: The purpose of this bill is to remove the privilege of confidentiality in communications to clergy when the communications involve matters involving child abuse or child neglect.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.