CHAPTER 161

AN ACT TO PROHIBIT THE EXAMINATION IN COURTS OF THE STATE OF DELAWARE OF ANY MINISTER OF RELIGION IN CONNECTION WITH ANY COMMUNICATION MADE TO HIM IN HIS PROFESSIONAL CAPACITY, WITHOUT THE CONSENT OF THE PARTY TO SUCH COMMUNICATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 10, Delaware Code, Chapter 43, is amended by adding thereto a new Section 4317 as follows:

§ 4317. Prohibition of Examination of Minister of Religion.

No priest, clergyman, rabbi, "practitioner of Christian Science", or other duly licensed, ordained or consecrated minister of any religion shall be examined in any civil or criminal proceedings in the courts of this State—

(1) with respect to any confession, or communication, made to him, in his professional capacity in the course of discipline enjoined by the church or other religious body to which he belongs, without the consent of the person making such confession or communication,

(2) with respect to any communication made to him, in his professional capacity in the course of giving religious or spiritual advice, without the consent of the person seeking such advice, or

(3) with respect to any communication made to him, in his professional capacity, by either spouse, in connection with any effort to reconcile estranged spouses, without the consent of the spouse making the communication.

Approved August 11, 1961.