(1) Both the clergy and the party making such communications or statements claim that the communications or statements were made to the clergy in his capacity as a clergy and spiritual counselor or spiritual adviser to such party;
(2) No person, other than a member of the clergy, a party and the spouse of the party, was present when such communications or statements were made; and
(3) The party making such communications or statements does not either consent to their disclosure or otherwise waive the privilege granted by this section.
(b) The privilege granted by this section shall be in addition to and not in derogation of any other privileges recognized by law.
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