2009 California Evidence Code - Section 1030-1034 :: Article 8. Clergy Penitent Privileges

EVIDENCE CODE
SECTION 1030-1034

1030.  As used in this article, a "member of the clergy" means a
priest, minister, religious practitioner, or similar functionary of a
church or of a religious denomination or religious organization.

1031.  As used in this article, "penitent" means a person who has
made a penitential communication to a member of the clergy.

1032.  As used in this article, "penitential communication" means a
communication made in confidence, in the presence of no third person
so far as the penitent is aware, to a member of the clergy who, in
the course of the discipline or practice of the clergy member's
church, denomination, or organization, is authorized or accustomed to
hear those communications and, under the discipline or tenets of his
or her church, denomination, or organization, has a duty to keep
those communications secret.

1033.  Subject to Section 912, a penitent, whether or not a party,
has a privilege to refuse to disclose, and to prevent another from
disclosing, a penitential communication if he or she claims the
privilege.

1034.  Subject to Section 912, a member of the clergy, whether or
not a party, has a privilege to refuse to disclose a penitential
communication if he or she claims the privilege.


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