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SB43
ZQ962WK-1
By Senator Coleman (Constitutional Amendment)
RFD: Judiciary
First Read: 13-Jan-26
PFD: 08-Jan-26
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ZQ962WK-1 01/08/2026 GP (L)bm 2026-95
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PFD: 08-Jan-26
SYNOPSIS:
Under the Constitution of Alabama of 2022, the
Legislature has no power to revive any right or remedy
which may have become barred by lapse of time or by
statute.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to allow the
Legislature to revive any time-barred civil claim
arising from child sexual abuse.
This bill would allow the Legislature to create
procedures relating to such claims.
This bill would also provide legislative
findings.
A BILL
TO BE ENTITLED
AN ACT
Relating to child sexual abuse; to add Section 95.1 to
the Constitution of Alabama of 2022, to authorize the
Legislature to revive civil claims relating to child sexual
abuse and provide procedures relating to such claims; to
provide legislative findings; and to define the term "child
sexual abuse."
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sexual abuse."
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Section 95.1 is added to the Constitution of Alabama of
2022, to read as follows:
Section 95.1
(a) The Legislature makes the following findings:
(1) Child sexual abuse is a pervasive and devastating
crime that inflicts lifelong harm on survivors and causes
lasting damage to families and communities. Studies
demonstrate that approximately one in five girls and one in 13
boys in the United States experience sexual abuse during
childhood.
(2) Approximately one-third of victims never disclose
their abuse to anyone, ever. The remaining two-thirds
typically delay disclosure until adulthood, often decades
after the abuse occurred.
(3) Delayed disclosure is a well-documented and
predictable consequence of childhood sexual abuse.
(4) The current legal barriers prevent survivors of
child sexual abuse from pursuing civil claims, such as
statutes of limitation and claim-presentation deadlines,
undermine the pursuit of truth and accountability and deny
survivors meaningful access to justice.
(5) Accordingly, an amendment to the Constitution of
Alabama of 2022, is necessary to authorize the Legislature, by
general law, to revive any civil right or remedy arising from
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general law, to revive any civil right or remedy arising from
child sexual abuse, notwithstanding any statute of
limitations, statute of repose, notice-of-claim requirement,
or other procedural or temporal bar.
(6) This authorization is necessary to:
a. Ensure that the laws of Alabama reflect modern
scientific understanding of trauma and delayed disclosures;
b. Provide survivors of child sexual abuse a fair
opportunity to be heard and to seek redress;
c. Promote accountability and protect children from
abuse in the future; and
d. Hold perpetrators of childhood sexual abuse
accountable.
(b)(1) Notwithstanding Section 95 of the Constitution
of Alabama of 2022, the Legislature, by general law, may
revive any civil claim arising from child sexual abuse,
including claims that are otherwise time-barred by a statute
of limitations, statute of repose, notice-of-claim or
claim-presentation requirement, or any other temporal
condition precedent. A general law enacted pursuant to this
subsection may:
a. Be retroactive and revive claims that were barred
before, on, or after January 1, 2027;
b. Include provisions regarding venue, confidentiality,
protective orders, records handling, and the rights and
defenses of parties;
c. Authorize actions against public or private
individuals or entities;
d. Not revive any claim that has been finally
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d. Not revive any claim that has been finally
adjudicated on the merits or that has been released by a
signed settlement agreement for which consideration has been
paid; and
e. Not disturb any final judgment.
(2) For the purposes of this section, "child sexual
abuse" refers to conduct of a sexual nature directed at an
individual under 19 years of age which is, or would be,
punishable under the criminal laws of this state, including,
but not limited to, attempts, solicitations, and other
non-contact sexual exploitation.
(c) Nothing in this section authorizes the revival of
criminal prosecutions or alters constitutional protection
applicable to criminal proceedings.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
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number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to authorize the Legislature, by general law, to
revive any time-barred civil claims relating to child sexual
abuse.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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