S. 3966: Terminating Restrictive Enforcement of Youth Settlements Law

This bill, titled the Terminating Restrictive Enforcement of Youth Settlements Law or TREY'S Law, aims to address issues related to nondisclosure and confidentiality agreements in cases of sexual abuse against minors. Here is a summary of its key points:

Purpose of the Bill

The main objectives of the bill are to:

• Prevent state courts and governmental authorities from enforcing contracts that restrict disclosure of sexual abuse involving minors.
• Ensure that private agreements cannot obstruct federal investigations or prosecutions related to crimes of sexual abuse or trafficking of minors.
• Preserve access to courts for survivors of sexual abuse and safeguard their rights to report such incidents.
• Allow survivors and witnesses to disclose instances of abuse without fearing legal repercussions.

Findings

The bill asserts several findings, including:

• Sexual abuse of minors is a significant national concern, impacting commerce and society.
• Nondisclosure agreements can be used to silence survivors and hinder the reporting of abuse, thus violating federal law.
• The enforcement of such agreements can obstruct justice and the investigation of crimes against minors.

Key Definitions

• Minor Person: An individual under the age of 18.
• Nondisclosure Clause: A contract provision preventing disclosure of specific conduct or information.
• Sexual Abuse Against a Minor Person: Conduct that qualifies as an offense under relevant federal laws concerning child sexual abuse.

Provisions Regarding Nondisclosure Agreements

The bill stipulates that:

• Nondisclosure clauses that prevent victims or witnesses of sexual abuse from disclosing relevant information are void and unenforceable, meaning they cannot be legally upheld.
• While confidentiality can still be agreed upon, it must not prevent disclosure of abuse-related information.

Application

This law would apply retroactively. Specifically:

• It would affect any nondisclosure agreements, regardless of when they were entered into, effectively nullifying their enforcement.
• No legal actions can be taken to enforce those clauses described in the bill.
• The bill would override any state laws that allow enforcement of such clauses where prohibited by this law, while still permitting states to enact more protective measures for victims if they choose.

Enforcement and Preemption

The bill emphasizes that state laws cannot contradict the federal provisions established in this law, specifically regarding enforcement of nondisclosure agreements related to sexual abuse of minors.

Relevant Companies

None found