60-429. Penitential communication privilege. (a) Definitions. As used in this section, (1) the term "duly ordained minister of religion" means a person who has been ordained, in accordance with the ceremonial ritual, or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his or her regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization; (2) the term "regular minister of religion" means one who as his or her customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he or she is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister; (3) the term "regular or duly ordained minister of religion" does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his or her church, sect, or organization; (4) "penitent" means a person who recognizes the existence and the authority of God and who seeks or receives from a regular or duly ordained minister of religion advice or assistance in determining or discharging his or her moral obligations, or in obtaining God's mercy or forgiveness for past culpable conduct; (5) "penitential communication" means any communication between a penitent and a regular or duly ordained minister of religion which the penitent intends shall be kept secret and confidential and which pertains to advice or assistance in determining or discharging the penitent's moral obligations, or to obtaining God's mercy or forgiveness for past culpable conduct.
(b) Privilege. A person, whether or not a party, has a privilege to refuse to disclose, and to prevent a witness from disclosing a communication if he or she claims the privilege and the judge finds that (1) the communication was a penitential communication and (2) the witness is the penitent or the minister, and (3) the claimant is the penitent, or the minister making the claim on behalf of an absent penitent.
History: L. 1963, ch. 303, 60-429; Jan. 1, 1964.
Structure Kansas Statutes
60-403 Exclusionary rules not to apply to undisputed matter.
60-404 Effect of erroneous admission of evidence.
60-405 Effect of erroneous exclusion of evidence.
60-408 Preliminary inquiry by judge.
60-409 Facts which must or may be judicially noticed.
60-410 Determination as to propriety of judicial notice and tenor of matter noticed.
60-411 Instructing the trier of fact as to matter judicially noticed.
60-412 Judicial notice in proceedings subsequent to trial.
60-414 Effect of presumptions.
60-415 Inconsistent presumptions.
60-416 Burden of proof not relaxed as to some presumptions.
60-417 Disqualification of witness; interpreters.
60-419 Prerequisites of knowledge and experience.
60-420 Evidence generally affecting credibility.
60-421 Limitations on evidence of conviction of crime as affecting credibility.
60-422 Further limitations on admissibility of evidence affecting credibility.
60-424 Definition of incrimination.
60-426 Attorney-client privilege.
60-426a Attorney-client privilege and work product; limitations on waiver.
60-427 Physician-patient privilege.
60-428 Marital privilege, confidential communications.
60-429 Penitential communication privilege.
60-435 Communication to grand jury.
60-437 Waiver of privilege by contract or previous disclosure.
60-438 Admissibility of disclosure wrongfully compelled.
60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.
60-440 Effect of error in overruling claim of privilege.
60-441 Evidence to test a verdict or indictment.
60-442 Testimony by the judge.
60-444 Testimony of jurors not limited except by this article.
60-445 Discretion of judge to exclude admissible evidence.
60-446 Character — manner of proof.
60-447 Character trait as proof of conduct.
60-448 Character trait for care or skill.
60-449 Habit or custom to prove specific behavior.
60-450 Opinion and specific instances of behavior to prove habit or custom.
60-451 Subsequent remedial conduct.
60-452 Offer to compromise and the like, not evidence of liability.
60-452a Dispute resolution; confidentiality.
60-453 Offer to discount claim, not evidence of invalidity.
60-455 Other crimes or civil wrongs.
60-456 Testimony in form of opinion or inferences.
60-457 Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
60-458 Expert opinion or inference; facts or data relied upon, admissibility.
60-460 Hearsay evidence excluded; exceptions.
60-461 Discretion of judge under exception to exclude evidence.
60-462 Credibility of declarant.
60-464 Authentication or identification of evidence; examples.
60-465 Authentication of public documents; self-authenticating evidence.
60-466 Certificate of lack of record.
60-467 Original document required as evidence; exceptions.
60-468 Proof of attested writings.
60-469 Proving content of business and public records.
60-472 Photographs of property wrongfully taken.
60-480 Journalist privilege; definitions.
60-482 Same; compelled disclosure.
60-483 Same; hearing; disclosure.