HB311 Alabama 2019 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2019

Title

Civil procedure, statute of limitations. sex offense, further provided, statute of limitations tolled until vicitim reaches age of majority

Summary

HB 311 would overhaul Alabama’s civil limits for sex offense injuries by setting a 10-year window from key events, tolling the clock for minor victims until age 19, and adding strict corroboration rules for older cases.

What This Bill Does

It establishes a 10-year statute of limitations for civil actions arising from sex offenses, to be started from one of several milestones: the offense date (or last offense in a series), when the plaintiff knew or should have known, when the plaintiff turns 19, or when the defendant is convicted of a sex offense. If the victim is a minor, the clock is tolled until they reach age 19. For claims alleging a sex offense more than 10 years before filing and more than 10 years after the plaintiff turns 19, the plaintiff must prove the allegations by clear and convincing evidence, and defendants may be named only as 'Doe' until corroborating facts are shown. The plaintiff's attorney must file an affidavit describing corroborative facts, and mental health opinions do not count as corroboration. The plaintiff can later ask the court to substitute real names for the Doe once corroboration is established.

Who It Affects

• Victims of sex offenses who file civil lawsuits for damages (time limits and tolling may affect when they can sue, especially minor victims).
• Civil defendants in sex offense cases (including perpetrators and related parties) who could be named later and must respond under the new corroboration rules.
• Plaintiffs' attorneys who must provide affidavits with corroborative facts for older cases and manage Doe disclosures until corroboration is shown.

Key Provisions

• Adds 6-2-42 establishing a 10-year statute of limitations for civil actions arising from sex offenses, with four possible start points: (1) within 10 years of the offense or last in a series, (2) within 10 years of when the plaintiff knew or should have known, (3) within 10 years after the plaintiff turns 19, or (4) within 10 years of a defendant's criminal conviction.
• Tolls the statute for minor victims until they reach age 19.
• For claims alleging a sex offense occurred more than 10 years before filing and after the plaintiff turns 19, the allegations must be proven by clear and convincing evidence; defendants may be named only as Doe until corroborative facts are shown, after which a plaintiff may seek to substitute real names.
• Requires an affidavit of corroborative fact from the plaintiff's attorney detailing corroborative facts; the opinion of a mental health practitioner does not count as corroboration.
• Effective date: law takes effect on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure