60-429. Penitential communication privilege.
60-429
60-429. Penitential communicationprivilege.(a) Definitions. As used in this section, (1) the term "dulyordained minister of religion" means a person who has been ordained, inaccordance with the ceremonial ritual, or discipline of a church, religioussect, or organization established on the basis of a community of faith andbelief, doctrines and practices of a religious character, to preach and toteach the doctrines of such church, sect, or organization and to administer therites and ceremonies thereof in public worship, and who as his or her regularand customary vocation preaches and teaches the principles of religion andadministers the ordinances of public worship as embodied in the creed orprinciples of such church, sect, or organization; (2) the term "regularminister of religion" means one who as his or her customary vocation preachesand teaches the principles of religion of a church, a religious sect, ororganization of which he or she is a member, without having been formallyordained as a minister of religion, and who is recognized by such church, sect,or organization as a regular minister; (3) the term "regular or duly ordainedminister of religion" does not include a person who irregularly orincidentally preaches and teaches the principles of religion of a church,religious sect, or organization and does not include any person who mayhave been duly ordained a minister in accordance with the ceremonial, rite,or discipline of a church, religious sect or organization, but who does notregularly, as a vocation, teach and preach the principles of religion andadminister the ordinances of public worship as embodied in the creed orprinciples of his or her church, sect, or organization; (4) "penitent" means aperson who recognizes the existence and the authority of God and who seeksor receives from a regular or duly ordained minister of religion advice orassistance in determining or discharging his or her moral obligations, or inobtaining God's mercy or forgiveness for past culpable conduct; (5)"penitential communication" means any communication between a penitent anda regular or duly ordained minister of religion which the penitent intendsshall be kept secret and confidential and which pertains to advice orassistance in determining or discharging the penitent's moral obligations,or to obtaining God's mercy or forgiveness for past culpable conduct.
(b) Privilege. A person, whether or not a party, has a privilegeto refuse to disclose, and to prevent a witness from disclosing a communicationif he or she claims the privilege and the judge finds that (1) thecommunication was a penitential communication and (2) the witness is thepenitent or the minister, and (3) the claimant is the penitent, or the ministermaking the claim on behalf of an absent penitent.
History: L. 1963, ch. 303, 60-429; Jan. 1, 1964.