PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2020
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-720, to read:
12-720. Nondisclosure agreements; applicability; use of public monies; definitions
A. A nondisclosure agreement is not enforceable and may not be used against a party to the agreement who does any of the following in relation to a violation or an alleged violation of title 13, chapter 14 or 35:
1. Responds to a peace officer's or a prosecutor's inquiry.
2. Makes a statement in a criminal proceeding not initiated by that party.
B. A nondisclosure agreement that is not enforceable pursuant to 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.
2. "Nondisclosure agreement" means a confidentiality agreement or contract provision that prohibits the disclosure of information by a party to the contract."
Amend title to conform