Bill
SB 5280
SB 5280 would require clergy to report suspected child abuse/neglect to authorities, with a narrow clergy-penitent privilege and penalties for failing to report.
Status note: SB 5280 originated in the 2023 session as legislation to make members of the clergy mandatory reporters of child abuse or neglect. The bill advanced through committee and the House with amendments; opponents did not appear at committee hearings, but the Senate and House exchanged amendments and actions in 2023–2024. Multiple amendments were proposed (some adopted, some not). The bill text and amendment history show two major directions taken during floor and committee consideration: (1) make clergy mandatory reporters with a limited confession/penitential exception, or (2) remove any confession exception entirely. Effective date in the versions considered: 90 days after adjournment of the session in which the bill is passed.
Purpose and intent
- Require members of the clergy to report suspected child abuse or neglect to law enforcement or the Department of Children, Youth, and Families (DCYF) when they have reasonable cause to believe a child has been abused or neglected.
- Clarify scope of mandatory reporting and define who counts as a "member of the clergy."
Key provisions (as reflected in committee and floor versions)
- Mandatory reporting duty: A "member of the clergy" must report suspected child abuse or neglect if there is reasonable cause to believe it has occurred. Reports go to law enforcement or DCYF in the same manner as other mandated reporters.
- Definition: "Member of the clergy" is defined broadly to include regularly licensed, accredited, or ordained ministers, priests, rabbis, imams, and similarly situated religious or spiritual leaders (and some versions added "elder" or other analogous leaders), whether acting individually or as employees/agents of organizations.
- Confession / clergy‑penitent privilege:
- One adopted/considered amendment preserves a narrow exception: clergy are not required to report information obtained solely as the result of a confession protected by the clergy‑penitent privilege (RCW 5.60.060(3)), provided the clergy member is authorized to hear the confession and has a duty under their faith’s discipline/tenets to keep it secret.
- The privilege does not protect disclosures received from any other source — i.e., information from third parties, records, or non‑confessional communications must be reported.
- Other proposed amendments sought to eliminate the confession exemption entirely or to narrowly define "penitential communication."
- Criminal penalty: Under existing law, a mandated reporter who knowingly fails to make a required report is guilty of a gross misdemeanor; the bill would make clergy subject to the same consequence when they are mandatory reporters.
- No appropriation; fiscal note not requested in reported versions.
Who is affected
- Members of clergy and religious leaders (as defined).
- Religious institutions and congregations that may have internal practices for handling allegations.
- DCYF and law enforcement agencies (receive new reports; investigative workload potential).
- Victims and families: intended to increase external reporting and oversight.
Legislative and procedural highlights
- House committee(s) held public hearings (testimony emphasized investigative reporting of religious‑community coverups and the need to protect children).
- Some stakeholders (e.g., Catholic bishops) supported mandatory reporting but raised concerns about removing all confessional protections; others urged eliminating the confessional exemption entirely.
- Effective date language in reported versions: 90 days after adjournment of the legislative session in which the bill is passed.
- Several amendments were proposed (including studies by JLARC and narrow‑interpretation language), with mixed adoption; full enactment status varied across sessions.
Implications
- If enacted as reported in the House (with the limited confession exception), clergy would be mandatory reporters but would retain a statutory confession privilege narrowly shielding communications received solely in a protected confession.
- Removing the confessional exemption (a position advanced by some supporters) would subject all clergy communications to reporting duties, potentially raising constitutional and religious‑liberty concerns debated in committee testimony.
- The change could increase DCYF and law enforcement reports and investigations originating from religious communities.
Compiled from official sources — confirm details with the bill’s official record.
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