Bill Text: SC H3800 | 2023-2024 | 125th General Assembly | Introduced

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Bill Title: Religious Institution Immunity for Sharing Clergy Misconduct

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-01-25 - Referred to Committee on Judiciary [H3800 Detail]

Download: South_Carolina-2023-H3800-Introduced.html

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South Carolina General Assembly
125th Session, 2023-2024

Bill 3800

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Indicates Matter Stricken
Indicates New Matter

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-3-710 SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, A RELIGIOUS INSTITUTION, OR EMPLOYEE, VOLUNTEER, OR INDEPENDENT CONTRACTOR OF A RELIGIOUS INSTITUTION MAY BE IMMUNE FROM CIVIL LIABILITY FOR DISCLOSING TO AN INDIVIDUAL'S CURRENT OR PROSPECTIVE EMPLOYER INFORMATION REGARDING AN OFFENSE INVOLVING SEXUAL ABUSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Chapter 3, Title 15 of the S.C. Code is amended by adding:

   Section 15-3-710.   (A) A religious institution, or an employee, volunteer, or independent contractor of a religious institution, acting in good faith, is immune from civil liability for any act to disclose to an individual's current or prospective employer information reasonably believed to be true about an allegation that an individual who was employed by or served as a volunteer or independent contractor for the religious institution committed an offense involving sexual abuse.

   (B) Immunity from civil liability pursuant to this section applies in relation to an allegation that was required to have been reported only if the allegation has been previously disclosed and reported to an appropriate agency.

   (C) An individual is not immune under this section from civil or criminal liability for disclosing the individual's own conduct that constitutes:

         (1) sexual misconduct;

         (2) sexual abuse of another individual; or

         (3) sexual harassment of another individual.

   (D) For purposes of this section, "religious institution" means a church or another religious institution recognized as a 501(c)(3) organization by the Internal Revenue Service.

SECTION 2.   The provisions of this act do not apply to a cause of action that accrued before the effective date of this act.

SECTION 3.   This act takes effect upon approval by the Governor.

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This web page was last updated on January 25, 2023 at 02:45 PM