Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
confidentiality
agreements; sexual assault; harassment
(NOW: sexual assault; harassment; confidentiality agreements)
Purpose
Stipulates circumstances when a nondisclosure agreement (NDA) is unenforceable and prohibits public funds to be used as consideration for an NDA related to sexual assault or sexual harassment.
Background
Title 13, Chapter 14 of Arizona Revised Statutes outlines sexual offenses within the criminal code. Sexual assault is an offense within Chapter 14 and it stipulates that a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent (A.R.S. § 13-1406). Title 13, Chapter 35 contains offenses related to obscenity.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Provides that an NDA is not enforceable and may not be used against a party if the party does either of the following in relation to specified sexual offenses:
a) responds to a peace officer's or a prosecutor's inquiry; or
b) makes a statement in a criminal proceeding not initiated by that party.
2. Prohibits the use of public monies to be used as consideration in exchange for an NDA that is related to an allegation of or attempted sexual assault or sexual harassment.
3. Prohibits an NDA that is unenforecable under this law from being used as a reason to invalidate the party's right to consideration under the contract or to require the return of consideration that has already been provided.
4. Prohibits the use of this statute as authority to enforce an NDA.
5. Defines criminal proceeding and nondisclosure agreement.
6. Becomes effective on the general effective date.
House Action
JPS 2/7/18 DPA/SE 9-0-0-0
3rd Read 2/15/18 59-0-1-0
Prepared by Senate Research
February 27, 2018
JA/lat