HB1187: HB1187 Trey's Law; enact

26 LC 62 0369S/AP 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 Cod e of Georgia Annotated,1 relating to provisional and final remedies and special proceedi ngs, so as to prohibit as2 contrary to the public policy of this state any contract or agreement that has the purpose or3 effect of concealing the details relating to a claim of childhood sexual abuse; to provide for4 the confidentiality of identifying information of victims of ch ildhood sexual abuse; to5 provide for a short title; to provide for related matters; to p rovide for an effective date; to6 repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as "Trey's Law."10 SECTION 2.11 Article 8 of Chapter 11 of Title 9 of the Official Code of Geor gia Annotated, relating to12 provisional and final remedies and special proceedings, is amen ded by revising Code13 Section 9-11-63, which was reserved, as follows:14 H. B. 1187 - 1 - 26 LC 62 0369S/AP "9-11-63.15 (a) Any provision of a nondisclosure or confidentiality agreem ent or nondisclosure or16 confidentiality provision of an employment agreement, settlement agreement, or any other17 agreement is void and unenforceable as against the public policy of this state to the extent18 the provision prohibits a person, including a party, from discl osing an act of childhood19 sexual abuse, as defined by subsections (a) and (b) of Code Sec tion 9-3-33.1, or facts20 related to an act of childhood sexual abuse to any other person . Nothing in this Code21 section may be construed to prohibit a person, including a part y, from agreeing to keep22 confidential any other provision of a settlement agreement, inc luding the amount or23 payment terms of a settlement.24 (b) Subject to subsection (c) of this Code section, the change in law made by this Code25 section applies to an agreement entered into before, on, or aft er the effective date of this26 Code section.27 (c) A person, including a party, may not enforce or attempt to enforce an agreement or a28 provision of an agreement that prevents disclosure of an act of childhood sexual abuse or29 facts related to an act of childhood sexual abuse to any other person unless the person30 obtains a declaratory judgment that is final and not subject to appeal and declares that the31 agreement or provision is enforceable. Reserved."32 SECTION 3.33 This Act shall become effective upon its approval by the Governor or upon its becoming law34 without such approval.35 SECTION 4.36 All laws and parts of laws in conflict with this Act are repealed.37 H. B. 1187 - 2 -