12-720. Nondisclosure agreements; applicability; use of public monies; definitions

A. The terms of a nondisclosure agreement may not be used to prohibit a party to the agreement from doing any of the following in relation to a violation or an alleged violation of title 13, chapter 14 or 35:

1. Responding to a peace officer's or a prosecutor's inquiry.

2. Making a statement not initiated by that party in a criminal proceeding.

B. An act that is allowed by subsection A of this section may not be used to avoid or invalidate a party's right to consideration under the contract or to require the return of consideration that has already been provided to the party.

C. This section may not be used as authority to enforce a nondisclosure agreement.

D. Public monies may not be used as consideration in exchange for a nondisclosure agreement that is related to an allegation of or attempted sexual assault or sexual harassment.

E. For the purposes of this section:

1. "Criminal proceeding" includes a grand jury, pretrial interview, deposition, hearing, trial and sentencing proceeding pursuant to criminal law.

2. "Nondisclosure agreement" means a confidentiality agreement or contract provision that prohibits the disclosure of information by a party to the contract.