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SB406 • 2026

Va. State Bar, et al.; use of nondisclosure/confidentiality prov. in certain settlement agreements.

<p class=ldtitle>A BILL to direct the Virginia State Bar to convene a work group to study the use of nondisclosure or confidentiality provisions in certain settlement agreements; report.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Boysko
Last action
2026-02-09
Official status
Continued
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not provide details on the exact composition of the work group or how recommendations will be implemented, leaving these aspects uncertain.

Study on Confidentiality in Settlement Agreements

This bill directs the Virginia State Bar to form a work group that will study and make recommendations about nondisclosure clauses in settlement agreements for certain personal injury cases.

What This Bill Does

  • Directs the Virginia State Bar to convene a work group of relevant stakeholders to study the use of nondisclosure or confidentiality provisions in specific types of civil actions for personal injury.
  • The work group must focus on cases involving criminal sexual assault, commercial sex trafficking, or other sexual offenses that occurred during infancy or incapacity of the injured person.
  • Requires the work group to report their findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026.

Who It Names or Affects

  • The Virginia State Bar
  • People involved in civil actions for personal injury caused by criminal sexual assault or other sexual offenses that happened when they were young or unable to understand.
  • Stakeholders such as the Virginia Association of Commonwealth's Attorneys and the Executive Director of the Virginia Indigent Defense Commission

Terms To Know

nondisclosure agreement
A legal contract that stops someone from sharing certain information.
settlement agreement
An agreement between parties to resolve a dispute without going to court.

Limits and Unknowns

  • The bill does not specify what actions should be taken based on the work group's findings.
  • It is unclear how the recommendations will be implemented after the report is submitted.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB406ASC1

2026-02-09 • Committee

Courts of Justice Amendment

Plain English: The amendment adds new members to a work group studying nondisclosure provisions in settlement agreements.

  • Adds 'one or more' after 'composed of', allowing for flexibility in the number of members.
  • Inserts 'the Virginia Association of Commonwealth's Attorneys;' after '(RAINN);'
  • Includes 'the Executive Director of the Virginia Indigent Defense Commission, or his designee,' after 'including'
  • The exact composition and roles of new members are not detailed in this amendment.

Bill History

  1. 2026-02-09 Courts of Justice

    Continued to 2027 in Courts of Justice (15-Y 0-N)

  2. 2026-02-09 Senate

    Senate committee offered

  3. 2026-02-02 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB406)

  4. 2026-01-13 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26104933D

  5. 2026-01-13 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Virginia State Bar; work group to study the use of nondisclosure or confidentiality provisions in certain settlement agreements; report.
Directs the Virginia State Bar to convene a work group of relevant stakeholders to study and make recommendations relating to the use of nondisclosure or confidentiality provisions or agreements pursuant to or contained in settlement agreements reached in civil actions for personal injury arising from an unlawful act that would constitute criminal sexual assault, commercial sex trafficking, or other sexual offense that occurred during the infancy or incapacity of the injured person. The bill directs the work group to report its findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026.

Current Bill Text

Read the full stored bill text 
SB 406

COURTS OF JUSTICE

1. Line 15, introduced, after
composed of

insert

one or more

COURTS OF JUSTICE

2. Line 16, introduced, after
(RAINN);

insert

the Virginia Association of Commonwealth's Attorneys;

COURTS OF JUSTICE

3. Line 17, introduced, after
including

insert

the Executive Director of the Virginia Indigent Defense Commission, or his designee,