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Committee backs bill barring nondisclosure clauses in abuse settlements
Summary
The Judiciary committee gave a favorable report to HB 93, 'Trey's law,' which would void NDA provisions that bar survivors of sexual abuse, sexual assault or trafficking from speaking about the abuse while preserving confidentiality for settlement amounts and unrelated contract terms.
Representative Fogdorf, sponsor of HB 93, told the Judiciary committee the bill would prohibit nondisclosure provisions in civil settlement agreements insofar as they prevent survivors from disclosing acts of sexual abuse, sexual assault or trafficking. He said the measure preserves confidentiality for other parts of settlements, including compensation amounts, and would apply only to elements related to the abusive act.
"Trey's law ends the misuse of nondisclosure agreements against [sexual] abuse, [sexual] assault, and trafficking victims in civil settlement agreements," Fogdorf said, citing the experience of Trey Carlock, whose settlement included restrictions on speaking about his abuse. He noted similar statutes have been enacted in other states.
Committee members asked few questions. After discussion, a motion to give HB 93 a favorable report was made, seconded and approved without recorded opposition. The bill will proceed from committee with a favorable recommendation.
The committee record shows the bill applies narrowly to confidentiality provisions that bar disclosure of the abusive acts themselves and does not prevent confidentiality for other agreement terms such as settlement amounts. No floor vote or implementation timeline was specified during the committee meeting.
