Senate Bill 43 Alabama 2026 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

2026 Regular Session

Title

Child sexual abuse; Legislature authorized to revive certain time-barred civil claims, constitutional amendment

Summary

SB43 would amend the Alabama Constitution to let the Legislature revive time-barred civil claims arising from child sexual abuse and set related procedures.

What This Bill Does

It adds a new constitutional provision (Section 95.1) that authorizes the Legislature to revive civil claims arising from child sexual abuse, even if those claims were previously barred by time limits or other procedural barriers. A general law could establish the rules for reviving these claims, including retroactive application to claims barred before, on, or after January 1, 2027, and may address venue, confidentiality, protective orders, and records handling. It defines 'child sexual abuse' as conduct of a sexual nature toward someone under 19 and clarifies that the measure does not revive criminal prosecutions or disturb final judgments.

Who It Affects

• Survivors of child sexual abuse: could gain a path to revive civil claims that were previously time-barred, enabling potential legal redress.
• Public and private defendants (including institutions and individuals): could face revived civil claims and would be subject to new procedures governing those cases (e.g., venue rules, confidentiality protections, protective orders, and records handling).

Key Provisions

• Adds Section 95.1 to the Constitution authorizing revival of civil claims arising from child sexual abuse despite time-bar barriers.
• Defines 'child sexual abuse' as sexual conduct directed at a person under 19, including non-contact exploitation.
• Authorizes general law to establish procedures for revived claims, including retroactive application to claims barred before/on/after January 1, 2027; may designate venue, confidentiality, protective orders, records handling, and parties' rights and defenses.
• Prohibits revival of claims that have been finally adjudicated on the merits or released by a signed settlement with consideration paid; allows revival against public or private individuals or entities; does not revive criminal prosecutions or affect criminal protections.
• Includes legislative findings about trauma, delayed disclosures, and the need for accountability to justify the amendment.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments Statewide