Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse committed against a child.
The enactment of SB835 will have significant implications for how confidentiality agreements are treated in cases of child sexual abuse. It will empower individuals to report suspected abuse without the constraint of previously signed nondisclosure agreements. This legislative change could lead to increased reporting of child sexual abuse incidents, thereby facilitating law enforcement intervention and promoting the protection of children across Texas.
Senate Bill 835 addresses the enforceability of nondisclosure or confidentiality agreements related to acts of sexual abuse against children. This bill specifically amends Texas Civil Practice and Remedies Code by adding Chapter 129C, which outlines that certain provisions prohibiting disclosure of child sexual abuse are deemed void and unenforceable. The main objective of SB835 is to ensure that victims or witnesses of child sexual abuse can report incidents to law enforcement without fear of legal repercussions stemming from confidentiality agreements.
One notable point of contention surrounding SB835 is the balance between confidentiality concerns and the need for transparency in reporting child abuse cases. Supporters argue that the bill enhances public safety by encouraging individuals to report abuses without hesitation, while opponents may raise concerns about the potential misuse of the law, arguing that it could deter individuals from entering into legitimate confidentiality agreements in different contexts, such as employment or settlement scenarios. Additionally, the bill's broad definitions of 'acts of sexual abuse' might evoke discussions on how child abuse cases should be defined legally.
Civil Practice And Remedies Code
Family Code
Penal Code