Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse.
Impact
The implications of SB835 are significant, as it directly challenges existing practices surrounding the use of nondisclosure agreements in cases of sexual abuse. The law seeks to provide a mechanism for victims to speak out and seek justice, potentially leading to increased accountability for abusers. By rendering restrictive clauses unenforceable, the bill is expected to encourage more survivors to come forward, thus fostering a societal shift towards believing and supporting victims rather than silencing them.
Summary
SB835, also known as Trey's Law, aims to enhance the enforceability of provisions concerning nondisclosure agreements related to acts of sexual abuse in Texas. The bill specifically targets confidentiality clauses that may allow perpetrators to silence victims, thereby prioritizing the rights of victims to disclose experiences of sexual abuse without fear of legal reprisal. By amending the Civil Practice and Remedies Code, SB835 declares any such nondisclosure provision to be void and unenforceable if it prohibits disclosure of sexual abuse truths.
Sentiment
The sentiment around SB835 appears to be largely positive, especially among advocacy groups focused on victim rights and preventing sexual abuse. Supporters argue that the law is a necessary step towards protecting individuals from being coerced into silence by powerful entities. However, some concerns were raised regarding the potential for backlash against businesses and organizations that might rely on confidentiality agreements for various reasons. Overall, the bill has garnered strong support in the legislative process, indicating a substantial shift in public policy regarding sexual abuse disclosures.
Contention
Notable points of contention include concerns from legal and business communities about the implications of the bill on their contractual agreements. Critics are worried that voiding confidentiality provisions could discourage settlements and complicate legal agreements that often protect sensitive information. While advocates assert the law aligns with public policy supporting transparency and accountability, opponents emphasize the risk of unintended consequences for organizations using confidentiality clauses for legitimate purposes.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 6. Governmental Exemption From Bond And Security Requirements
Section: New Section
Chapter 129. Age Of Majority
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Family Code
Chapter 1. General Provisions
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 2. The Marriage Relationship
Section: New Section
Penal Code
Chapter 21. Sexual Offenses
Section: 11
Section: New Section
Section: 11
Section: 11
Section: 11
Section: 11
Section: 11
Chapter 22. Assaultive Offenses
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 43. Public Indecency
Section: 25
Section: 05
Section: New Section
Section: 05
Section: 25
Section: 25
Section: 05
Section: 25
Section: 05
Section: 25
Section: 05
Section: 25
Section: 05
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Similar To
Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse committed against a child.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to prohibited provisions in a settlement agreement between a governmental agency and employee regarding a claim or complaint involving sexual assault or certain unlawful conduct based on sex.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the confidentiality of home address information for victims of child abduction and to the administration of the address confidentiality program by the office of the attorney general.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.