SEX OFFENSES: Provides that nondisclosure agreements involving victims of child sexual abuse are against public policy and unenforceable. (gov sig) (EN NO IMPACT See Note)
Summary
SB 185, known as “TREY’S Law,” prohibits enforcement of nondisclosure clauses in agreements to the extent they bar a victim or alleged victim of child sexual abuse from disclosing the abuse or related facts. It also bars enforcement of such clauses against other people when they are speaking in support of, or consistently with, the victim’s right to disclose. The bill defines “minor,” “nondisclosure clause,” and “sexual abuse,” and it makes clear that the law applies to abuse involving conduct that is criminal under Louisiana law or constitutes abuse under the Children’s Code, whether or not there was a criminal charge, conviction, or sentence.
The bill does not eliminate all confidentiality provisions. It expressly allows parties to keep settlement amounts and payment terms confidential, so long as those restrictions do not prevent disclosure of the abuse itself or related facts protected by the bill. It also applies retroactively and prospectively, meaning existing NDAs are unenforceable to the extent they conflict with the new law, regardless of when they were signed.
Impact
SB 185 amends Louisiana law by creating new provisions in Title 9 that declare certain nondisclosure clauses void and unenforceable as against public policy when they restrict disclosure of child sexual abuse. The law affects settlement agreements, confidentiality clauses, and other contracts involving victims or alleged victims of child sexual abuse, while preserving the ability to keep financial settlement terms confidential. Because the act applies retroactively, it reaches preexisting agreements as well as future ones, expanding its practical effect beyond new contracts.
Sentiment
The bill appears to have been strongly supported and broadly noncontroversial in the legislature. It passed the Senate 36-0 and the House 93-0, indicating unanimous approval in both chambers. The caption and structure of the bill suggest a child-protection and victim-rights measure, and the absence of recorded opposition or committee controversy points to a favorable overall sentiment.
Contention
The main policy issue addressed by SB 185 is the balance between confidentiality in settlements and a victim’s ability to speak about child sexual abuse. The bill resolves that tension by invalidating only those nondisclosure provisions that suppress disclosure of the abuse, while preserving confidentiality over settlement amounts and payment terms. Any potential concern would likely center on the retroactive application to existing agreements and the scope of what counts as “facts related to” abuse, but the available voting record shows no recorded legislative opposition.
Provides for training of elected officials of municipalities and certain municipal employees relative to public contracts. (gov sig) (EN NO IMPACT See Note)
Provides for the termination of manufacturer vehicle tracking services in certain cases of domestic abuse, sexual assault, or stalking (EN SEE FISC NOTE GF EX)