Tennessee § 24-1-205 - [Reserved.]

§ 24-1-205. [Reserved.]

No minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person's professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person's practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted. It shall be the duty of the judge of the court wherein such litigation is pending, when such testimony as prohibited in this section is offered, to determine whether or not that person possesses the qualifications which prohibit that person from testifying to the communications sought to be proven by that person. The prohibition of this section shall not apply to cases where the communicating party, or parties, waives the right so conferred by personal appearance in open court so declaring, or by an affidavit properly sworn to by such a one or ones, before some person authorized to administer oaths, and filed with the court wherein litigation is pending. Nothing in this section shall modify or in any way change the law relative to “hearsay testimony.” Any minister of the gospel, priest of the Catholic Church, rector of the Episcopal Church, ordained rabbi, or any regular minister of religion of any religious organization or denomination usually referred to as a church, who violates this section, commits a Class C misdemeanor. Acts 1959, ch. 24, §§ 1-5; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 24-109 — 24-111; modified; Acts 1989, ch. 591, § 113. Code Commission Notes. Portions of this section have been rewritten by the executive secretary to the Tennessee code commission to implement Acts 1989, ch. 591, § 113, effective November 1, 1989, which requested that the executive secretary amend this section by deleting the penalty provision and inserting language to indicate violation of the section is a Class C misdemeanor. Cross-References. Confidentiality of public records, § 10-7-504 . Evidentiary privileges inapplicable in child sexual abuse cases, § 37-1-614 . Penalty for Class C misdemeanor, § 40-35-111 . Rule Reference. This section is referred to in the Advisory Commission Comments under Rule 501 of the Tennessee Rules of Evidence. Law Reviews. Criminal Law and Procedure — 1959 Tennessee Survey (Robert E. Kendrick), 12 Vand. L. Rev. 1131. Toward a Unified Approach to Privileges and Relevancy (Thomas F. Guernsey), 17 Mem. St. U.L. Rev. 1 (1986). Attorney General Opinions. Communications between an employee of a county sheriff's department and a volunteer clergy member, appointed by the sheriff to provide spirtual consultation, are confidential and privileged, provided the communications are made to the clergy member confidentially, in the clergy's professional capacity, according to the usual course of the clergy's practice or discipline, as established by the rules or customs of the clergy's religious organization or denomination when the employee is seeking spiritual advice or counseling; however, this privilege does not apply to any communication involving known or suspected child sexual abuse, OAG 01-009, 2001 Tenn. AG LEXIS 2 (1/25/01). The identity of the person appointing a minister to provide spiritual consultation at a sheriff's office is irrelevant to the clergy-penitent privilege, OAG 01-009, 2001 Tenn. AG LEXIS 2 (1/25/01).