§ 9-11-63 [Agreements Concealing Childhood Sexual Abuse Void]

(a) Any provision of a nondisclosure or confidentiality agreement or nondisclosure or confidentiality provision of an employment agreement, settlement agreement, or any other agreement is void and unenforceable as against the public policy of this state to the extent the provision prohibits a person, including a party, from disclosing an act of childhood sexual abuse, as defined by subsections (a) and (b) of Code Section 9-3-33.1, or facts related to an act of childhood sexual abuse to any other person. Nothing in this Code section may be construed to prohibit a person, including a party, from agreeing to keep confidential any other provision of a settlement agreement, including the amount or payment terms of a settlement.

(b) Subject to subsection (c) of this Code section, the change in law made by this Code section applies to an agreement entered into before, on, or after the effective date of this Code section.

(c) A person, including a party, may not enforce or attempt to enforce an agreement or a provision of an agreement that prevents disclosure of an act of childhood sexual abuse or facts related to an act of childhood sexual abuse to any other person unless the person obtains a declaratory judgment that is final and not subject to appeal and declares that the agreement or provision is enforceable.