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HI HB789
Bill
Status
1/23/2023
Primary Sponsor
May Mizuno
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 350-1.1 to clarify that members of the clergy are not required to report child abuse information gained solely during penitential communications, unless exigent circumstances exist that justify immediate disclosure to prevent imminent harm to the child.
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Defines "member of the clergy" as a minister, pastor, priest, rabbi, Christian Science practitioner, or other similar religious functionary, and "penitential communication" as confidential communications intended to be kept secret under religious discipline.
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Specifies that clergy members who receive reportable information from non-penitential sources must comply with mandatory reporting requirements, even if they received the same information during a penitential communication.
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Amends Hawaii Rules of Evidence Section 626:1-506 to establish that the clergy-penitent privilege does not apply to confidential communications relating to known or suspected child abuse or neglect when exigent circumstances exist that justify disclosure to prevent imminent harm.
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Effective upon approval; does not affect rights, duties, or proceedings that occurred before the effective date.
Legislative Description
Relating To Child Abuse Reporting.
Rules of Evidence
Last Action
Carried over to 2024 Regular Session.
12/11/2023