AB 423 — Relating to: the duty of a member of the clergy to report child abuse.

Bill Text

• Bill Text View text Current pdf

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The bill expands the reporting obligations of clergy members regarding child abuse and removes the exception for confidential communications.

• 48.981(2)(bm)1.

  if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties: a. Has been abused, as defined in s. 48.02 (1) (a) (b) to (f); or b. Has been threatened with abuse, as defined in s. 48.02 (1) (a) orto (f), and abuse of the child will likely occur. → if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties: a. Has been abused, as defined in s. 48.02 (1) (a) (b) to (f); or b. Has been threatened with abuse, as defined in s. 48.02 (1) (a) or (b) to (f), and abuse of the child will likely occur.

  This change clarifies that clergy must report any suspicion of child abuse, not just sexual abuse.

• 48.981(2)(bm)2.

  if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following: a. Abused a child, as defined in s. 48.02 (1) (a) or (b) to (f). b. Threatened a child with abuse, as defined in s. 48.02 (1) (a) or (b) to (f), and abuse of the child will likely occur. → if the member of the clergy has reasonable cause, based on observations made or information that he or she receives, to suspect that a member of the clergy has done any of the following: a. Abused a child, as defined in s. 48.02 (1) (a) or (b) to (f). b. Threatened a child with abuse, as defined in s. 48.02 (1) (a) or (b) to (f), and abuse of the child will likely occur.

  This change ensures clergy must report suspicions of abuse by other clergy members, extending the obligation beyond just sexual abuse.

• 48.981(2)(bm)3.

  A member of the clergy is not required to report information relating to suspected or threatened sexual abuse of a child that he or she receives solely through confidential communications made to him or her privately or in a confessional setting if he or she is authorized to hear or is accustomed to hearing such communications and if, under the disciplines, tenets, or traditions of his or her religion, he or she has a duty or is expected to keep those communications secret.

  This repeal removes the exception that allows clergy to avoid reporting based on confidential communications.

Action History

1. April 01, 2020

   Failed to pass pursuant to Senate Joint Resolution 1

2. September 30, 2019

   Representative Haywood added as a coauthor

3. September 12, 2019

   Read first time and referred to Committee on Criminal Justice and Public Safety

4. September 12, 2019

   Introduced by Representatives C. Taylor, Sargent, Zamarripa, L. Myers, Vining, Gruszynski, Stubbs, Billings, Milroy, Subeck, Sinicki, Pope, Bowen, Vruwink, Crowley, Ohnstad and Emerson; cosponsored by Senators L. Taylor, Risser and Larson

Sponsors

• Sargent · Primary
• Zamarripa · Primary
• L. Myers · Primary
• Gruszynski · Primary
• Jill Billings · Primary
• Milroy · Primary
• Lisa Subeck · Primary
• Christine Sinicki · Primary
• Pope · Primary
• Bowen · Primary
• Vruwink · Primary
• Crowley · Primary
• Ohnstad · Primary
• Jodi Emerson · Primary
• Robyn Vining · Primary
• Shelia Stubbs · Primary
• Sequanna Taylor · Primary

Subjects