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SALT LAKE CITY — The Utah House of Representatives on Friday unanimously passed a bill giving clergy members criminal and civil liability protections if they choose to report ongoing child abuse or neglect they learn of through confession.
The bill, sponsored by Rep. Anthony Loubet, R-Kearns, is an attempt to thread the needle between protecting children from ongoing harms without infringing on religious rights, as confession is confidential in many faiths.
HB432 gives faith leaders the option of reporting abuse or neglect if they believe it is ongoing, and gives them legal protections if they voluntarily report.
Loubet told House colleagues on Friday the bill "creates an incentive" for religious organizations to be able to protect themselves while alerting law enforcement or other authorities to abuse. He said the bill allows law enforcement to begin investigating potential cases of abuse earlier than they otherwise would have.
Clergy members would not be allowed to act as witnesses in the case — unless the suspect consents — so investigators would likely need to gather additional evidence in order to move forward with a criminal case against a suspect.
"It's imperative that we are able to provide protection for these children, and we're trying to make it that way so that law enforcement can get involved (and) make sure these children are safe," Loubet said.
Faith groups in Utah have been unopposed to the proposal, though the Catholic Diocese of Salt Lake City said it it concerned "about the possibility that the language could be changed to require that Catholic priests report such abuse even if they have learned about the abuse solely during the Sacrament of Confession."
Most adults in Utah are mandatory reporters if they have "reason to believe that a child has been subjected to abuse, neglect or dependency," but clergy have long been exempt from reporting requirements. Previous efforts to change clergy-penitent privilege have fizzled at the Legislature over concerns they would impede on religious rights.
HB432 advanced from committee with a unanimous vote on Feb. 9 and will now be sent to the Senate.
