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HB108 • 2026

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

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

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Givens
Last action
2026-01-13
Official status
Pending Committee Action in House of Origin
Effective date
Not listed

Plain English Breakdown

The bill text contains some formatting errors and repeated phrases (e.g., 'If anyone an individual'), but the legal intent regarding time limits is clear in Section 1(b)(2).

HB108: Changes to Time Limits for Lawsuits About Sex Offenses

This bill changes the time limits for filing civil lawsuits against actual alleged perpetrators of sex offenses, giving victims more time if they were under age 19 or had an unsound mind when the harm happened.

What This Bill Does

  • Extends the deadline to sue an actual alleged perpetrator from six years after a disability ends to either twenty years after the disability ends or two years after a criminal conviction, whichever is longer.
  • Stops the clock on these time limits while any criminal prosecution for the offense is happening, starting when charges are filed via indictment, presentment, or information.
  • Allows victims of sex offenses to file lawsuits against their actual alleged attackers regardless of how old they are at the time of filing.
  • Keeps the existing rule that no lawsuit can be started more than twenty years after a claim first arises unless specific exceptions apply.

Who It Names or Affects

  • Individuals who were under age 19 or had an unsound mind when they suffered injuries from sex offenses.
  • People accused of committing sex offenses as described in Section 15-20A-5 of the Alabama Code, specifically as actual alleged perpetrators.
  • Courts handling civil cases involving these specific types of claims.

Terms To Know

Statute of limitations
The legal time limit for starting a lawsuit after an event happens.
Disability
In this law, being under age 19 or having an unsound mind at the time the injury occurred.
Toll
To pause or stop a timer so that more time is added to the deadline later.

Limits and Unknowns

  • This new rule only applies when suing the actual alleged perpetrator, not other parties like employers.
  • The bill does not take effect until October 1, 2026.
  • The text defines specific disabilities but does not list every possible condition that might qualify.

Bill History

  1. 2026-01-13 House

    Pending Committee Action in House of Origin

  2. 2026-01-13 House

    Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

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

Current Bill Text

Read the full stored bill text
HB108 INTRODUCED
Page 0
HB108
QNLBZ54-1
By Representative Givens
RFD: Judiciary
First Read: 13-Jan-26
PFD: 06-Jan-26
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QNLBZ54-1 10/24/2025 THR (L)THR 2025-2634
Page 1
PFD: 06-Jan-26
SYNOPSIS:
Under existing law, a civil action for an injury
arising from a sex offense to a victim with certain
disabilities, including being under the age of
majority, must be brought within six years of the
termination of the victim's disability.
This bill would further provide for the statute
of limitations for a civil action for an injury arising
from a sex offense when the action is brought against
the actual alleged perpetrator of the sex offense.
A BILL
TO BE ENTITLED
AN ACT
Relating to commencement of actions; to amend Section
6-2-8, Code of Alabama 1975; to further provide for the
statute of limitations for civil actions involving certain sex
offenses.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 6-2-8, Code of Alabama 1975, is
amended to read as follows:
"§6-2-8
(a)(1) If anyone an individual is entitled to : (i)
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HB108 INTRODUCED
Page 2
(a)(1) If anyone an individual is entitled to : (i)
commence any of the actions enumerated in this chapter ,; (ii)
to make an entry on land ; or (iii) enter a defense founded on
the title to real property is, and at the time the right
accrues , is below the age of 19 years of age , or insane of
unsound mind , he or she shall have three years, or the period
allowed by law for the commencement of an action if it be is
less than three years, after the termination of the disability
to commence an the action, make entry, or defend.
(2) No disability shall extend the period of
limitations so as to allow an action to be commenced, entry
made, or defense made after the lapse of 20 years from the
time the claim or right accrued.
(3) Nothing in this section shall be interpreted as
denying any imprisoned person individual the right to commence
an action enumerated in this chapter and to make any proper
appearances on his or her behalf in such actions.
(b)(1) If anyone an individual entitled to commence any
of the actions enumerated in this chapter is, at the time the
right accrues , is below the age of 19 years of age , or
insane of unsound mind , and the injury upon which the action is
based arises from a sex offense as described in Section
15-20A-5, he or she shall have six years after the termination
of the disability to commence the action.
(2)a. Notwithstanding subdivision (1), in an action
against the actual alleged perpetrator of a sex offense as
described in Section 15-20A-5, an individual shall have the
greater of the following to commence an action under this
subsection: (i) 20 years after the termination of the
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HB108 INTRODUCED
Page 3
subsection: (i) 20 years after the termination of the
disability; or (ii) two years after the criminal conviction or
guilty plea of the alleged perpetrator.
b. Either time period shall toll during any criminal
prosecution of the underlying offense. The tolling shall begin
on the date of indictment, presentment, or information.
c. An action may be commenced pursuant to this
subdivision regardless of the age of the plaintiff at the time
the action is commenced.
d. This subdivision shall not apply to an action
against any party other than the alleged perpetrator of a sex
offense, without regard to the doctrine of respondeat superior
or any other form of vicarious liability.
(c) When both disabilities coexist at the time the
claim accrued, the limitation does not attach until both are
removed.
(d) A disability which that did not exist when a claim
accrued does not suspend the operation of the limitation
unless the contrary is expressly provided."
Section 2. This act shall become effective on October
1, 2026.
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