HB 92: "An Act relating to reports by members of the clergy and custodians of clerical records who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect."
00 HOUSE BILL NO. 92 01 "An Act relating to reports by members of the clergy and custodians of clerical records 02 who have reasonable cause to suspect that a child has suffered harm as a result of child 03 abuse or neglect." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.17.020(a) is amended to read: 06 (a) The following persons who, in the performance of their occupational 07 duties, or with respect to (8) of this subsection, in the performance of their appointed 08 duties, have reasonable cause to suspect that a child has suffered harm as a result of 09 child abuse or neglect shall immediately report the harm to the nearest office of the 10 department: 11 (1) practitioners of the healing arts; 12 (2) school teachers and school administrative staff members of public 13 and private schools; 14 (3) peace officers and officers of the Department of Corrections;
01 (4) administrative officers of institutions; 02 (5) child care providers; 03 (6) paid employees of domestic violence and sexual assault programs, 04 and crisis intervention and prevention programs as defined in AS 18.66.990; 05 (7) paid employees of an organization that provides counseling or 06 treatment to individuals seeking to control their use of drugs or alcohol; 07 (8) members of a child fatality review team established under 08 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 09 under AS 47.14.300; 10 (9) clergy members, except as provided in AS 47.17.021. 11 * Sec. 2. AS 47.17 is amended by adding a new section to read: 12 Sec. 47.17.021. Reports by clergy members. (a) Notwithstanding 13 AS 47.17.020(a), a clergy member who acquires knowledge of or reasonable cause to 14 suspect child abuse or neglect during a penitential communication is not subject to 15 AS 47.17.020(a). In this subsection, "penitential communication" means a 16 communication intended to be in confidence, including a sacramental confession made 17 to a clergy member who, in the course of the discipline or practice of the clergy 18 member's church, denomination, or organization, is authorized or accustomed to hear 19 those communications and, under the discipline, tenets, customs, or practices of the 20 church, denomination, or organization, has a duty to keep those communications 21 secret. 22 (b) This section may not be construed to modify or limit a clergy member's 23 duty to report known or suspected child abuse or neglect when the clergy member is 24 acting in some other capacity that would otherwise make the clergy member a 25 mandated reporter under AS 47.17.020(a). 26 * Sec. 3. AS 47.17.290 is amended by adding a new paragraph to read: 27 (17) "clergy member" means a priest, minister, rabbi, religious 28 practitioner, or similar functionary of a church, temple, or recognized religious 29 denomination or religious organization. 30 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 CLERGY REPORTS OF PAST SUSPECTED SEXUAL ABUSE. (a) On or before 02 January 1, 2004, a clergy member or a custodian of records for the clergy member may report 03 to the Department of Health and Social Services or to a law enforcement agency that the 04 clergy member or a custodian of records for the clergy member, before the effective date of 05 this Act, in a professional capacity or within the scope of employment, other than during a 06 penitential communication, acquired knowledge of or reasonable cause to suspect that a child 07 had been the victim of sexual abuse that the clergy member or a custodian of records for the 08 clergy member did not previously report to the department or to a law enforcement agency. 09 Except for AS 47.17.068, the provisions of AS 47.17 apply to all reports made under this 10 subsection. 11 (b) This section shall apply even if the victim of the known or suspected abuse has 12 reached the age of majority by the time the report is made. 13 (c) The local law enforcement agency shall have the jurisdiction to investigate a 14 report of sexual abuse made under this section, even if the report is made after the victim has 15 reached the age of majority. 16 (d) The definitions in AS 47.17.290 apply to this section.