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03/29/2024 11:36 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=26291
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: August 29, 2018 04:01 PM
From: Representative Frank Burns
To: All House members
Subject: Ensuring Child Sexual Abuse Victims Know Their Rights
 
In the near future, I intend to introduce two pieces of legislation that would help to ensure victims who sign a settlement agreement know they still have a right to talk to law enforcement.

The recent statewide grand jury report revealed widespread sexual abuse of children in Catholic churches across the Commonwealth. It also described a “playbook for concealing the truth” employed by the church, which sometimes included secret financial settlements aimed at silencing victims. A non-disclosure clause in a settlement does not prevent victims from sharing the facts of their abuse with police or testifying about the abuse in court. However, the grand jury report found many victims did not know the limits of these non-disclosure provisions.

Please join me in standing with child sexual abuse victims by ensuring their voices cannot be silenced by secret settlement agreements. Your consideration and co-sponsorship are appreciated.



Document #1

Introduced as HB2651

Description: Proposal #1

My first bill would require any settlement agreement with a confidentiality clause to prominently include a disclaimer that contact with law enforcement is permitted and that any attempt to use the agreement to prevent or discourage such contact is illegal.  This clarification was recommended by the grand jury and is necessary to ensure victims know that they can talk to law enforcement or testify against their abuser. 
 
 

Document #2

Introduced as HB2652

Description: Proposal #2

My second bill would explicitly state that even in civil cases, victims of child sexual abuse can discuss the facts surrounding any incident in a settlement agreement, regardless of a non-disclosure clause.  This bill was modeled after similar legislation signed into law in California in 2016.