HB 311

Under existing law, a civil action for an injury to a person that does not arise from a contract, which includes a sex offense, must be brought within two years

This bill would establish a statute of limitations for a civil action for recovery of damages for injury or illness arising from a sex offense

This bill would provide that if the victim of a sex offense is a minor, the statute of limitations is tolled until the victim reaches the age of 19 years

This bill would require a plaintiff to perform additional procedures to corroborate his or her complaint if the plaintiff files a complaint alleging that a sex offense occurred more than 10 years prior to the date the action is commenced

Relating to commencement of actions; to add Section 6-2-42 to the Code of Alabama 1975; to provide for the statute of limitations for civil actions involving a sex offense; to provide that the running of the statute of limitations is tolled until the victim has reached the age of 19 years; and to further provide for the tolling of the statute of limitations.

Section 1

Section 6-2-42 is added to the Code of Alabama 1975, to read as follows: §6-2-42. (a) A civil action for recovery of damages for injury or illness arising from a sex offense, as described by Section 15-20A-5, Code of Alabama 1975, shall be brought before whichever of the following periods last expires: (1) Within 10 years of the commission of the sex offense or the last of a series of sex offenses by the same perpetrator. (2) Within 10 years of the date the plaintiff knew, or should have known, of the commission of the sex offense. (3) Within 10 years after the plaintiff attains the age of 19 years. (4) Within 10 years of the criminal conviction of a civil defendant for a sex offense. (b) If a complaint is filed alleging that a sex offense occurred more than 10 years prior to the date that the action is commenced, and more that 10 years after the plaintiff attains the age of 19, the allegations of the complaint must be proven by clear and convincing evidence. (c) In an action subject to subsection (b), no defendant may be named except by "Doe" designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the allegations against the defendant. At any time after the action is filed, the plaintiff may apply to the court for an order authorizing the plaintiff to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation. The application shall be accompanied by an affidavit of corroborative fact executed by the attorney for the plaintiff. The affidavit shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. For purposes of this subsection, the opinion of any mental health practitioner concerning the plaintiff does not constitute a corroborative fact.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.