Senate Bill 44 Alabama 2026 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

2026 Regular Session

Title

Child sexual abuse; statute of limitations extended and further provided for, certain time-barred civil claims revived

Summary

SB44 would extend and potentially revive civil time limits for child sexual abuse, allow lawsuits against perpetrators and responsible organizations, and remove certain procedural barriers, with implementation contingent on a constitutional amendment.

What This Bill Does

It extends the civil statute of limitations for child sexual abuse to 20 years after the survivor turns 19 or is relieved from disability, or two years after the perpetrator’s conviction, whichever is later. If a constitutional amendment permitting revival passes, time-barred claims can be filed by January 1, 2029 or within two years after conviction, whichever is later. It allows civil actions against the alleged perpetrator or against an organization that negligently prevented or responded to the abuse, and removes certain defenses like notice-of-claim requirements, damages caps, and immunity provisions for these claims. It tolls the deadline during criminal investigations and proceedings, starting when the abuse is reported to law enforcement and ending when the investigation is closed, the prosecution ends, all appeals are exhausted, and final judgment is entered.

Who It Affects

• Survivors of child sexual abuse, including those who were under 19 at the time of abuse or who have a disability, who would have a longer window to sue and may have time-barred claims revived if a constitutional amendment is ratified.
• Perpetrators and organizations that could be sued (including public entities and their officers, employees, or agents) who could face civil actions for abuse and for negligent handling of abuse, with many immunities removed or limited for these claims.

Key Provisions

• Extends the civil action window for child sexual abuse to 20 years after the survivor turns 19 or is relieved from disability, or two years after the perpetrator's conviction, whichever is later.
• If a constitutional amendment passes, allows time-barred claims to be filed not later than January 1, 2029 or two years after conviction, whichever is later.
• Allows civil actions against either the alleged perpetrator or an organization that allegedly negligently prevented or responded to the abuse.
• Notice-of-claim requirements, damages caps, and immunity defenses do not apply to child sexual abuse claims.
• tolls the civil limitation period during criminal investigations and proceedings, with tolling beginning when the abuse is reported and ending when the investigation concludes, the prosecution ends, appeals are exhausted, and final judgment is entered.
• Adds Section 6-2-8.1 to revive certain time-barred civil claims for child sexual abuse, applicable even if a prior time-barred action existed, with specific filing deadlines if the relevant conditions are met.
• Effective dates: Sections 1-3 become effective October 1, 2026; Section 4 becomes effective January 1, 2027, contingent on ratification of a constitutional 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

Civil Procedure