TREY'S Law

Summary

Makes nondisclosure or confidentiality provisions unenforceable when they bar disclosure of sexual abuse of anyone under 18. The law defines covered terms, protects disclosures to law enforcement and others, applies retroactively to past settlements and agreements, and preempts state laws to the extent they allow enforcement of such silencing clauses while preserving lawful confidentiality that does not block abuse disclosures.

• Nondisclosure or confidentiality clauses that bar disclosure of sexual abuse of anyone under 18 are void and unenforceable.
• The law defines key terms, including "minor," "nondisclosure clause," and covered forms of "sexual abuse."
• Protected disclosures include those by victims and by other persons speaking in support of a victim’s right to disclose.
• Retroactive effect: the prohibition on enforcement applies to agreements made before, on, or after enactment.
• State laws that permit enforcement of such silencing clauses are preempted; states may adopt laws that provide equal or greater protection.
• The statute preserves confidentiality terms that do not prevent disclosures of abuse (for example, some settlement payment terms may remain private).
• Enforcement relies on courts and existing federal/state law; the Act does not create a new federal program or appropriation.