H. B. 2226
(By Delegates Brown, Amores, Hrutkay and Doyle)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §57-3-9 of the code of West Virginia,
1931, as amended, relating to removing the privilege of
confidentiality in communications to clergy when the
communications involve matters involving sexual abuse of a
minor child.
Be it enacted by the Legislature of West Virginia:
That §57-3-9 of the code of West Virginia, 1931, 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
the 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 sexual abuse of
a minor child, unless the communication was made in accordance with
subdivision (1), subsection (a) of this section, and was made as a
recognized, privileged confession.
NOTE: The purpose of this bill is to remove the
confidentiality privilege in communications to clergy when the communication involves sexual abuse of a minor child, unless the
communication was made as a recognized, privileged confession.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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