SB 360 - Requires Religious Officials Report Minor Sex Abuse Evidence to Law Enforcement - California Key Vote

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Title: Requires Religious Officials Report Minor Sex Abuse Evidence to Law Enforcement

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Title: Requires Religious Officials Report Minor Sex Abuse Evidence to Law Enforcement

Vote Smart's Synopsis:

Vote to pass a bill that requires religious officials report evidence of minor sex abuse they receive through confessions to law enforcement authorities.

Highlights:

  • Exempts clergy members from having to make a report about knowledge or reasonable suspicion of child abuse or neglect obtained by a clergy member during a penitential communication (Sec. 2).

  • Exempts certain activities from the definition of penitential communication unless they meet all the conditions, including (Sec. 2):

    • Providing spiritual direction;

    • Religious counseling;

    • Individual or group therapy;

    • Activity related to human resources or personnel management;

    • Clergy assignment work;

    • Communications between clergy, laity, or other members of the faith that occur outside of a penitential context; or

    • Activity related to church administration or management.

  • Specifies that penitential communications between clergy and another person employed at the same site or facility as the clergy member, along with penitential communications between clergy members. do not fall under the exemption (Sec. 2).

  • Defines penitential communication as a communication that meets all the following conditions (Sec. 2):

    • Communicated orally;

    • Made privately to a clergy member;

    • Intended by the communicant to be an act of contrition or a matter of conscience;

    • Is intended by both parties to be confidential at the time the communication was made; and

    • Made in the manner and context that places the clergy member specifically and strictly under a level of confidentiality that is considered inviolate by church doctrine.

Title: Requires Religious Officials Report Minor Sex Abuse Evidence to Law Enforcement

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