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HB108 INTRODUCED
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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
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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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(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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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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