South CarolinaH 3798126th General Assembly (2025-2026)House

AN ACT 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.

Sponsored By: Murphy

Signed by Governor

Summary

Military chaplains

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Private talks with military chaplains protected

The law protects private talks with military chaplains. A talk is confidential when it is part of a religious act or a matter of conscience, or given to a chaplain in his official spiritual role. You can refuse to share what you told the chaplain and stop others from sharing it. Chaplains cannot share it unless you give informed, freely given, and specific consent. Commanders and courts cannot force disclosure when the privilege applies, though a judge can rule the privilege does not apply. The State applies this clergy‑penitent privilege to all militia classes and to active or reserve chaplains, even if not in status, when the member would normally be covered. These protections take effect March 9, 2026.

New standards for military chaplains

Chaplains in South Carolina militia units must be ordained and properly endorsed. Endorsement can come from the U.S. Department of Defense or an approved affiliate, the Adjutant General, or the State Guard Commander or a designee. They must also meet any added rules for their militia class. Chaplains must wear uniforms that clearly show they are chaplains, as defined by their militia class. The law also recognizes that chaplains hold privileged communications with militia members, authorized dependents, and authorized personnel, and the chaplain may claim that privilege for the person.

Sponsors & Cosponsors

Sponsor

  • Murphy

    Affiliation unavailable

Cosponsors

  • Jeff Bradley

    Republican • House

  • Gary S. Brewer, Jr.

    Republican • House

  • Cody T. Mitchell

    Republican • House

  • Shannon S. Erickson

    Republican • House

  • G. Murrell Smith, Jr.

    Republican • House

  • Wendell G. Gilliard

    Democrat • House

  • Jerry N. Govan, Jr.

    Democrat • House

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • William "Bill" Hager

    Republican • House

  • Christopher R. "Chris" Hart

    Democrat • House

  • M. Brian Lawson

    Republican • House

  • Michael F. Rivers, Sr.

    Democrat • House

  • Leonidas E. "Leon" Stavrinakis

    Democrat • House

  • Travis A. Moore

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • J. David Weeks

    Democrat • House

  • Robert Q. Williams

    Democrat • House

  • Richard L. "Richie" Yow

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 270 • No: 0

House vote • 3/3/2026

(Military chaplains)Concur in Senate Amendments

Yes: 113 • No: 0

Senate vote • 2/18/2026

(Military chaplains)2nd Reading

Yes: 44 • No: 0

House vote • 2/18/2025

(Military chaplains)Passage of Bill

Yes: 113 • No: 0

Actions Timeline

  1. Act No. 104

    3/12/2026legislature
  2. Effective date 03/09/26

    3/12/2026legislature
  3. Signed By Governor

    3/9/2026Governor
  4. Ratified R 109

    3/5/2026legislature
  5. Roll call Yeas-113 Nays-0

    3/3/2026House
  6. Concurred in Senate amendment and enrolled

    3/3/2026House
  7. Read third time and returned to House with amendments

    2/19/2026Senate
  8. Roll call Ayes-30 Nays-13

    2/18/2026Senate
  9. Read second time

    2/18/2026Senate
  10. Amended

    2/18/2026Senate
  11. Committee Amendment Adopted

    2/18/2026Senate
  12. Committee report: Favorable with amendment Family and Veterans' Services

    2/11/2026Senate
  13. Referred to Committee on Family and Veterans' Services

    2/19/2025Senate
  14. Introduced and read first time

    2/19/2025Senate
  15. Read third time and sent to Senate

    2/19/2025House
  16. Roll call Yeas-113 Nays-0

    2/18/2025House
  17. Read second time

    2/18/2025House
  18. Member(s) request name added as sponsor: Hart, Williams, Rivers, Gilliard

    2/18/2025House
  19. Member(s) request name added as sponsor: Weeks

    2/13/2025House
  20. Committee report: Favorable Judiciary

    2/12/2025House
  21. Member(s) request name added as sponsor: Govan, Erickson, Bradley

    2/4/2025House
  22. Referred to Committee on Judiciary

    1/28/2025House
  23. Introduced and read first time

    1/28/2025House

Bill Text

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