SB 11

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 six years of the commission of the sex offense or the last of a series of sex offenses by the same perpetrator. (2) Within six years of the date the plaintiff knew, or should have known, of the commission of the sex offense. (3) Within six years after the plaintiff attains the age of 19 years. (4) Within six 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 than six years after the plaintiff attains the age of 19, the allegations of the complaint must be proven by clear and convincing evidence. and more than 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. Senate Read for the first time and referred to the Senate committee on Judiciary............................ 0.5-MAR-19Read for the second time and placed on the calen- dar 1 amendment.................................. 2.0-MAR-19Read for the third time and passed as amended .... 0.2-APR-19 Yeas 32 Nays Patrick Harris, Secretary.