House Bill 1187 (AS PASSED HOUSE AND SENATE)
By: Representatives Hong of the 103rd, Gambill of the 15th, Seabaugh of the 34th, Wade of
the 9th, Gunter of the 8th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,
relating to provisional and final remedies and special proceedings, so as to prohibit as
contrary to the public policy of this state any contract or agreement that has the purpose or
effect of concealing the details relating to a claim of childhood sexual abuse; to provide for
the confidentiality of identifying information of victims of childhood sexual abuse; to
provide for a short title; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Trey's Law."
SECTION 2.
Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to
provisional and final remedies and special proceedings, is amended by revising Code
Section 9-11-63, which was reserved, as follows:
"9-11-63.
<ins>(a) Any provision of a nondisclosure or confidentiality agreement or nondisclosure or
confidentiality provision of an employment agreement, settlement agreement, or any other
agreement is void and unenforceable as against the public policy of this state to the extent
the provision prohibits a person, including a party, from disclosing an act of childhood
sexual abuse, as defined by subsections (a) and (b) of Code Section 9-3-33.1, or facts
related to an act of childhood sexual abuse to any other person. Nothing in this Code
section may be construed to prohibit a person, including a party, from agreeing to keep
confidential any other provision of a settlement agreement, including the amount or
payment terms of a settlement.
(b) Subject to subsection (c) of this Code section, the change in law made by this Code
section applies to an agreement entered into before, on, or after the effective date of this
Code section.
(c) A person, including a party, may not enforce or attempt to enforce an agreement or a
provision of an agreement that prevents disclosure of an act of childhood sexual abuse or
facts related to an act of childhood sexual abuse to any other person unless the person
obtains a declaratory judgment that is final and not subject to appeal and declares that the
agreement or provision is enforceable.</ins> <del>Reserved."
</del> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.