TREY'S Law
This bill voids nondisclosure agreements and confidentiality clauses that prevent victims or witnesses from discussing or reporting child sexual abuse and trafficking. Anyone bound by these agreements can openly share information with law enforcement, regulators, and the courts without facing civil lawsuits or penalties. These protections apply retroactively to existing contracts as well as future ones, while still allowing victims to keep financial settlement amounts private if they choose.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- Victims and alleged victims of child sexual abuseVoids nondisclosure clauses that prevent them from disclosing sexual abuse or related facts, bars anyone from enforcing such agreements against them retroactively or prospectively, and preserves their right to restrict alleged perpetrators from disclosing settlement terms.
- Individuals disclosing abuse in support of victimsProtects them from nondisclosure clauses that would restrict them from disclosing facts related to child sexual abuse in support of or in furtherance of a victim's right to disclose.
Who it burdens
- Parties seeking to enforce child sexual abuse nondisclosure clausesProhibits them from enforcing or attempting to enforce nondisclosure clauses that silence disclosures of child sexual abuse, rendering those contract terms void and unenforceable regardless of when the contract was signed.
The provisions, in plain language.
Makes nondisclosure clauses void and legally unenforceable to the extent they prevent a victim, alleged victim, or supporting individual from disclosing child sexual abuse or related facts, applying to contracts entered into before, on, or after enactment.
Allows victims and other parties to continue entering into agreements that restrict an alleged perpetrator or other party from disclosing settlement amounts and payment terms, provided the agreement does not silence the disclosure of abuse.
Prohibits any person from enforcing or attempting to enforce a nondisclosure clause that bars the disclosure of child sexual abuse, regardless of when the agreement was made.
Overrides state laws that allow enforcement of prohibited child sexual abuse nondisclosure clauses, while allowing states and localities to maintain or enact laws that provide equal or greater protections for victims.