00                      CS FOR HOUSE BILL NO. 92(JUD)                                                                     
01 "An Act relating to reports by members of the clergy who have reasonable cause to                                       
02 suspect that a child has suffered harm as a result of child abuse or neglect."                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 47.17.020(a) is amended to read:                                                                  
05            (a)  The following persons who, in the performance of their occupational                                     
06       duties, or with respect to (8) of this subsection, in the performance of their appointed                          
07       duties, have reasonable cause to suspect that a child has suffered harm as a result of                            
08       child abuse or neglect shall immediately report the harm to the nearest office of the                             
09       department:                                                                                                       
10                 (1)  practitioners of the healing arts;                                                                 
11                 (2)  school teachers and school administrative staff members of public                                  
12       and private schools;                                                                                              
13                 (3)  peace officers and officers of the Department of Corrections;                                      
14                 (4)  administrative officers of institutions;                                                           

01                 (5)  child care providers;                                                                              
02                 (6)  paid employees of domestic violence and sexual assault programs,                                   
03       and crisis intervention and prevention programs as defined in AS 18.66.990;                                       
04                 (7)  paid employees of an organization that provides counseling or                                      
05       treatment to individuals seeking to control their use of drugs or alcohol;                                        
06                 (8)  members of a child fatality review team established under                                          
07       AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created                               
08       under AS 47.14.300;                                                                                           
09                 (9)  clergy members, except as provided in AS 47.17.021.                                            
10    * Sec. 2.  AS 47.17 is amended by adding a new section to read:                                                    
11            Sec. 47.17.021.  Reports by clergy members.  (a)  Except as provided in                                    
12       (b)(1) of this section, the reporting requirement of AS 47.17.020(a) does not apply to a                          
13       clergy member with regard to a confession or confidential communication made to the                               
14       clergy member in the clergy member's religious capacity in the course of discipline                               
15       sanctioned by the church to which the clergy member belongs if (1) the church would                               
16       qualify as tax-exempt under 26 U.S.C. 501(c)(3) (Internal Revenue Code); (2) the                                  
17       confession or confidential communication was made directly to the clergy member;                                  
18       and (3) the confession or confidential communication was made in the manner and                                   
19       context that places the clergy member specifically and strictly under a level of                                  
20       confidentiality that is considered inviolate by canon law or religious doctrine.  A                               
21       confession or confidential communication made under any other circumstances does                                  
22       not fall under this exemption.                                                                                    
23            (b)  This section may not be construed to                                                                    
24                 (1)  modify or limit a clergy member's duty to report known or                                          
25       suspected child abuse or neglect when the clergy member is acting in some other                                   
26       capacity that would otherwise make the clergy member a mandated reporter under                                    
27       AS 47.17.020(a); or                                                                                               
28                 (2)  prevent a clergy member from reporting known or suspected child                                    
29       abuse or neglect.                                                                                                 
30    * Sec. 3.  AS 47.17.290 is amended by adding a new paragraph to read:                                              
31            (17)  "clergy member" means a person who has been ordained, licensed, listed,                                

01       or set apart, in accordance with the laws, ceremonial or ritual practices, or discipline of                       
02       a church or religious organization that has been established on the basis of a                                    
03       community of religious faith, belief, doctrines, or practices.