Bill Caption

Relating to the disclosure by charitable organizations of allegations of sexual misconduct.

Fiscal Notes

The Legislative Budget Board does not anticipate any significant fiscal impact to the state. 

Bill Analysis

HB 4345 would grant immunity from civil liability to charitable organizations, or their employee or volunteer, or independent contractor of a charitable organization, acting in good faith for any act to disclose to a current or prospective employer, information reasonably believed to be true about allegations that any person, while employed by or serving as a volunteer of the charitable organization engaged in sexual misconduct, sexually abused another person, sexually harassed another person, or committed certain offences of the Penal Code.

A charitable organization or an employee or volunteer of the organization would not be immune if they acted in bad faith or with malicious intent in disclosing allegations of sexual misconduct to a potential future employer. 

A person who reports their own sexual abuse, sexual harassment or who acts in bad faith or with malicious purpose in making a disclosure is not immune from civil or criminal liability. 

Vote Recommendation Notes

We believe in preventing the civil justice system from being used as a weapon to try and silence speech of other people, however we are concerned about potentially taking away civil recourse for a person who is defamed in this way because proving that a person acted in bad faith or with malicious intent would be very difficult. For these reasons, we remain cautiously neutral on HB 4345.