HB541: relative to the obligation of religious leaders to report child abuse.

HB 541 - AS INTRODUCED

2003 SESSION

03-0907

05/01

HOUSE BILL 541

AN ACT relative to the obligation of religious leaders to report child abuse.

SPONSORS: Rep. Gile, Merr 38; Rep. Brueggemann, Merr 40

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that communications between a priest and parishioner are not privileged or confidential if they involve child abuse.

The bill also clarifies that religious leaders are not exempt from child abuse reporting requirements in situations where the information is disclosed in confession or in confidence.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0907

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the obligation of religious leaders to report child abuse.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Witnesses; Privileged Communications; Exemption for Child Abuse. Amend RSA 516:35 to read as follows:

516:35 Religious Leaders. A priest, rabbi or ordained or licensed minister of any church or a duly accredited Christian Science practitioner shall not be required to disclose a confession or confidence made to him in his professional character as spiritual adviser, unless the person confessing or confiding waives the privilege. This section shall not apply to the disclosure of information relative to suspected or confirmed child abuse, and nothing in this section shall exempt a religious leader from RSA 169-C:29.

2 Effective Date. This act shall take effect January 1, 2004.