§ 8316.2 — Contracts or agreements for nondisclosure of certain conduct

(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 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) Form.--Any agreement, contract, settlement or similar instrument 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) 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."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.

Legislative History

(Nov. 26, 2019, P.L.649, No.89, eff. 60 days) 2019 Amendment.Act 89 added section 8316.2.