A03745
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1171
Session of
2019
INTRODUCED BY TOOHIL, MURT, STEPHENS, JAMES, NEILSON, DONATUCCI,
PICKETT, MILLARD, LAWRENCE AND T. DAVIS, APRIL 9, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 16, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for contracts or agreements for
nondisclosure of certain conduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8316.2. Contracts or agreements for nondisclosure of certain
conduct.
(a) Prohibition.--No person may enter into, revise or amend
any agreement, contract, settlement or similar instrument that
includes a provision that:
(A) VOID PROVISIONS.--A PROVISION OF AN AGREEMENT, CONTRACT,
SETTLEMENT OR SIMILAR INSTRUMENT THAT DOES ANY OF THE FOLLOWING
SHALL BE VOID AND UNENFORCEABLE:
(1) prohibits or attempts to prohibit the disclosure of
the name of a person suspected of childhood sexual abuse to
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law enforcement authorities;
(2) suppresses or attempts to suppress information
relevant to an investigation by law enforcement authorities
into a claim of childhood sexual abuse; or
(3) impairs or attempts to impair the ability of a
person to report a claim of childhood sexual abuse to law
enforcement authorities.
(b) Void provisions.--A provision of any agreement,
contract, settlement or similar instrument that is contrary to
this section shall be void and unenforceable.
(B) FORM.-- A PROVISION OF AN Any AGREEMENT, CONTRACT,
SETTLEMENT OR SIMILAR INSTRUMENT NOT SUBJECT TO , settling a
claim of childhood sexual abuse, shall be presumed to satisfy
this section if it does not contain a provision prohibited by
SUBSECTION (A) SHALL BE PRESUMED TO BE VALID AND ENFORCEABLE and
IF IT INCLUDES A NOTICE PRINTED IN BOLDFACE, 12-POINT FONT OR
LARGER, AS FOLLOWS OR IN A SUBSTANTIALLY SIMILAR FORM:
NOTICE TO ALL PARTIES
BY SIGNING THIS AGREEMENT, YOU DO NOT SURRENDER YOUR RIGHT TO
SPEAK TO LAW ENFORCEMENT ABOUT THE ACTIONS, UNDERLYING FACTS OR
CIRCUMSTANCES REFERENCED IN THIS AGREEMENT.
I (WE) ACKNOWLEDGE RECEIPT OF THE ABOVE NOTICE.
(SIGNATURE).............................(DATE)...............
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Childhood sexual abuse." Conduct that is subject to 23
Pa.C.S. Ch. 63 (relating to child protective services) and is
directed toward or against a child or student, regardless of the
age of the child or student.
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"Law enforcement authorities." An individual or entity
charged with the enforcement of Federal, State or local laws.
"CHILDHOOD SEXUAL ABUSE." THE TERM SHALL HAVE THE SAME
MEANING AS "SEXUAL ABUSE OR EXPLOITATION" IN 23 PA.C.S. § 6303
(RELATING TO DEFINITIONS).
"LAW ENFORCEMENT AUTHORITIES." THE TERM SHALL HAVE THE SAME
MEANING AS "LAW ENFORCEMENT OFFICIAL" IN 23 PA.C.S. § 6303.
Section 2. This act shall take effect in 60 days.
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