SB 11

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, the complaint shall be accompanied by affidavits of merit as specified in subsection (c). (c) Affidavits of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts that support the declaration: (1) That the attorney has reviewed the facts of the case, that the attorney has consulted at least one mental health practitioner who is licensed to practice and practices in this state and who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and that the attorney has concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. The person consulted may not be a party to the litigation. (2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of his or her knowledge of the facts and issues, that in his or her professional opinion there is a reasonable basis to believe that the plaintiff has been the victim of a sex offense. (3) That the attorney was unable to obtain the consultation required by subdivision (1) because a statute of limitations would impair the action and that the affidavits required by subdivisions (1) and (2) could not be obtained before the impairment of the action. If an affidavit of merit is executed pursuant to this subdivision, the affidavit required by subdivisions (1) and (2) shall be filed within 60 days after the filing of the complaint. (d) If an affidavit of merit is required pursuant to subsection (b), the attorney for the plaintiff shall execute a separate affidavit of merit for each defendant named in the complaint. (e) 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.