House Bill 108 Alabama 2026 Session

Summary

Primary Sponsor

Donna GivensRepresentative

Republican

Session

2026 Regular Session

Title

Civil procedure; statute of limitations for civil actions involving certain sex offenses, further provided for

Summary

HB108 changes Alabama's civil-time limits for sex-offense injuries by creating a longer filing window when suing the alleged perpetrator, with tolling during criminal prosecutions, effective October 1, 2026.

What This Bill Does

The bill creates two tracks for filing civil actions. For actions against the actual alleged perpetrator of a sex offense, the plaintiff has the greater of 20 years after the victim’s disability ends or 2 years after the perpetrator’s conviction, and this period is tolled during criminal prosecutions. For actions against others (not the perpetrator), particularly involving victims under 19 or with disabilities, the action must be filed within six years after the disability ends. The tolling starts when criminal proceedings begin (indictment/presentment/information) and applies to the perpetrator track; the age of the plaintiff does not block filing under the perpetrator track. The changes apply to sex offenses described in Section 15-20A-5 and do not alter liability against non-perpetrator defendants; the law also clarifies how overlapping disabilities affect when the period runs.

Who It Affects

• Victims under 19 (and other disabled victims) who sue the actual perpetrator would gain a much longer window to file—the greater of 20 years after disability ends or 2 years after the perpetrator’s conviction.
• Victims suing someone other than the perpetrator would generally have six years after disability ends to file, subject to existing disability rules.
• The alleged perpetrators of sex offenses could face civil actions filed many years after the offense, due to the extended time windows.
• The civil-time limit is tolled (paused) during the criminal case, starting from indictment, presentment, or information.

Key Provisions

• Creates a perpetrator-track: civil actions against the actual alleged perpetrator have a time limit of the greater of 20 years after disability termination or 2 years after conviction, with tolling during criminal prosecutions.
• Creates a non-perpetrator-track: for actions against others, especially involving victims under 19 or with disabilities, the time to file is six years after disability termination.
• Tolling: the statute of limitations is paused during the underlying criminal proceedings, beginning at indictment/presentment/information.
• Age and disability rules: action filing is allowed regardless of the plaintiff’s age for the perpetrator track; if multiple disabilities exist, the limitation period does not attach until all disabilities are removed.
• Scope and applicability: the changes apply to civil actions involving sex offenses described in Section 15-20A-5 and do not alter liability against parties other than the alleged perpetrator.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure