2019 -- S 0456 | |
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LC001431 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
NONDISCLOSURE AGREEMENTS | |
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Introduced By: Senators Sheehan, Crowley, Seveney, Satchell, and Nesselbush | |
Date Introduced: February 27, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE |
2 | - PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 34 |
4 | NONDISCLOSURE AGREEMENTS |
5 | 9-34-1. Definitions. |
6 | As used in this chapter, the following words and terms shall have the following |
7 | meanings: |
8 | (1) "Claim" means an internal workplace complaint, potential civil action in a court of |
9 | competent jurisdiction, or a charge or complaint before the Rhode Island commission for human |
10 | rights related to sexual assault, sexual harassment, retaliation, or stalking. |
11 | (2) "Commission" means the Rhode Island commission for human rights. |
12 | (3) "Complainant" means an individual that has made an internal workplace complaint of |
13 | sexual harassment, sexual assault, retaliation or stalking, has reported a sexual assault to the |
14 | police, has filed a charge with the commission, or has made an allegation of sexual assault, sexual |
15 | harassment, retaliation, or stalking. |
16 | (4) "Factual information" means information and details that are related to a reported or |
17 | alleged incident or claim of sexual assault, sexual harassment, retaliation, stalking or the alleged |
18 | perpetrator thereof. |
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1 | (5) "Nondisclosure agreement" means a provision within a confidentiality agreement, |
2 | settlement agreement, contract, waiver, or other document that prohibits the disclosure of factual |
3 | information related to a claim by a party to the agreement. |
4 | (6) "Perpetrator" means an individual who has sexually assaulted or harassed a |
5 | complainant or who has allegedly sexually assaulted or harassed the complainant. |
6 | (7) "Respondent" means the party entering into the settlement, agreement, or contract |
7 | related to the claim with the complainant. |
8 | (8) "Settlement" means any agreement where anything of value is given to the |
9 | complainant raising the claim in exchange for his or her decision to decline to pursue the claim. |
10 | 9-34-2. Limitations and enforcement. |
11 | (a) This chapter does not prohibit the entry or enforcement of a provision in any |
12 | settlement, agreement, or contract that precludes the disclosure of the amount paid in a settlement |
13 | of a claim. |
14 | (b) Provided, however, that five (5) years after the execution of a settlement agreement, a |
15 | complainant may exercise the unilateral right, without penalty, to release any factual information |
16 | related to his or her claim, including the name of the alleged perpetrator. |
17 | (c) If the complainant elects to disclose the factual information related to the claim |
18 | pursuant to subsection (f) of this section, the respondent is no longer bound by any nondisclosure |
19 | provision. |
20 | (d) Any person claiming to be aggrieved by a violation of this chapter may initiate suit in |
21 | superior court. An action pursuant to this chapter shall be commenced within three (3) years after |
22 | the cause of any such action shall have accrued. All remedies available in common tort actions |
23 | shall be available to prevailing plaintiffs. A prevailing plaintiff shall be awarded reasonable |
24 | attorneys' fees and costs. |
25 | 9-34-3. Severability. |
26 | If any provision of this chapter or the application of this chapter to any person or |
27 | circumstance is held invalid by any court of competent jurisdiction, the remainder of the chapter |
28 | and the application of the provision to other persons or circumstances shall not be affected. The |
29 | invalidity of any section or sections or parts of any section of this chapter shall not affect the |
30 | validity of the remainder of the chapter. |
31 | SECTION 2. This act shall take effect on January 1, 2020. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - | |
NONDISCLOSURE AGREEMENTS | |
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1 | This act would place limits on the terms that can be included in an agreement that settles |
2 | a claim of sexual harassment, retaliation for reporting sexual harassment and stalking. It expressly |
3 | grants the complainant the right to disclose factual information relating to his or her claim, five |
4 | (5) years after the execution of the nondisclosure settlement agreement. If the complainant |
5 | discloses his or her factual information the respondent may no longer be bound by the |
6 | nondisclosure agreement. |
7 | This act would take effect on January 1, 2020. |
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