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SB44 INTRODUCED
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SB44
XD34SEZ-1
By Senator Coleman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 08-Jan-26
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XD34SEZ-1 01/08/2026 GP (L)bm 2026-94
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PFD: 08-Jan-26
SYNOPSIS:
Under existing law, a civil action based on a
sex offense committed against an individual under 19
years of age must be brought within six years of that
individual's 19th birthday, or the action is
time-barred.
This bill would authorize a civil action based
on a sex offense committed against an individual under
19 years of age or of unsound mind to be brought 20
years after the individual turns 19 years of age or is
otherwise relieved of disability or two years after the
criminal conviction of the alleged perpetrator,
whichever is greater.
This bill would, contingent on the ratification
of a constitutional amendment authorizing the
Legislature to revive time-barred rights and remedies
relating to the sexual abuse of a minor, allow an
individual whose claim relating to child sexual abuse
is time-barred to commence a civil action not later
than January 1, 2029, or two years after the criminal
conviction or guilty plea of the alleged perpetrator,
whichever is later.
This bill would allow civil actions to be
brought against the alleged perpetrator of child sexual
abuse or against an organization that allegedly
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abuse or against an organization that allegedly
negligently prevented or responded to the abuse.
This bill would provide that certain
notice-of-claim requirements, damages caps, and
immunity provisions do not apply to a claim of child
sexual abuse.
This bill would also provide that the period to
bring a civil action for child sexual abuse shall be
tolled during a criminal investigation of the abuse, a
final judgment is entered, and all appeals are
exhausted.
A BILL
TO BE ENTITLED
AN ACT
Relating to child sexual abuse; to amend Section 6-2-8,
Code of Alabama 1975; to extend the statute of limitations for
a civil action for child sexual abuse; to authorize civil
actions against an organization for negligently preventing or
responding to child sexual abuse; to provide that certain
notice-of-claim requirements, damage caps, and immunity
provisions do not apply to claims relating to child sexual
abuse; to provide for the tolling of the statute of
limitations during criminal investigations and proceedings;
and, contingent on the ratification of a constitutional
amendment authorizing the Legislature to revive time-barred
rights and remedies relating to child sexual abuse, to add
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rights and remedies relating to child sexual abuse, to add
Section 6-2-8.1 to the Code of Alabama 1975, to revive certain
time-barred civil claims for child sexual abuse.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Hidden Predators Act.
Section 2. The Legislature finds and declares the
following:
(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
thirteen boys in the United States experience sexual abuse
during childhood.
(2) Approximately one-third of victims of child sexual
abuse 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
predicable consequence of childhood sexual abuse.
(4) Existing law requires a civil action for an injury
arising from a sex offense to be brought not later than six
years after the survivor reaches 19 years of age or is
otherwise relieved of disability. The current legal barriers
preventing survivors of child sexual abuse from pursuing civil
claims, such as statutes of limitations and claim-presentation
deadlines, undermine the pursuit of truth and accountability
and deny survivors meaningful access to justice.
(5) The statute of limitations for a civil action
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(5) The statute of limitations for a civil action
brought against the actual alleged perpetrator of child sexual
abuse or an organization alleged to be negligent in protecting
children under its care from sexual abuse should be extended
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.
Section 3. Section 6-2-8, Code of Alabama 1975, is
amended to read as follows:
"§6-2-8
(a) For the purposes of this section, the term "child
sexual abuse" refers to the commission of a sex offense under
Section 15-20A-5 against an individual under 19 years of age.
(b)(1) An individual If anyone entitled to : (i)
commence any of the actions enumerated in this chapter , to;
(ii) make an entry on land ; or (iii) enter a defense founded
on the title to real property , who is, at the time the right
accrues, below the age of 19 years of age or of unsound mind ,
or insane, he or she shall have three years, or the period
allowed by law for the commencement of an action if it be less
than three years, after the termination of the disability to
commence an action, make entry, or defend.
(2) When both disabilities coexist at the time the
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(2) When both disabilities coexist at the time the
claim accrued, the limitation does not attach until both are
removed.
(3) 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.
(4) Nothing in this section shall be interpreted as
denying any imprisoned person individual the right to commence
an action enumerated in this chapter and or to make any proper
appearances on his or her behalf in such actions.
(c)(1) An individual (b) If anyone entitled to commence
any of the actions enumerated in this chapter who is, at the
time the right accrues, below the age of 19 years of age or of
unsound mind shall have either 20 years after the termination
of the disability or two years after the criminal conviction
of the alleged perpetrator occurred, whichever is greater, to
commence an action under this subsection, provided that , or
insane, and the :
a. The injury upon which the action is based arises
from a sex offense as described in Section 15-20A-5 ; and
b. The action is against either of the following:
1. The alleged perpetrator of a sex offense as
described in Section 15-20A-5.
2. An organization that employed, supervised, or had
responsibility for the care, custody, supervision, or control
of the individual at the time of the child sexual abuse and
allegedly negligently prevented or responded to the abuse , he
or she shall have six years after the termination of the
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or she shall have six years after the termination of the
disability to commence the action .
(2) Notwithstanding any law or requirement to the
contrary, no ante litem, notice-of-claim, or claim
presentation requirement shall apply to a civil action arising
from child sexual abuse that occurred on or after October 1,
2026.
(3) Notwithstanding any other law to the contrary, no
action under this subsection may be dismissed or limited
because of a notice-of-claim, immunity, or damages cap.
(4) Notwithstanding any provision of law to the
contrary, no constitutional, statutory, or common-law
doctrines of sovereign immunity, governmental immunity,
state-agent immunity, discretionary-function immunity, or
qualified immunity shall bar or limit either of the following:
a. Any claim arising from child sexual abuse of an
individual that occurred on or after October 1, 2026, brought
against a public entity.
b. Any claim arising from child sexual abuse that
occurred on or after October 1, 2026, brought against an
officer, employee, or agent of a public entity, whether in an
official or individual capacity.
(5) Notwithstanding any other provision of law to the
contrary, no statute or common-law doctrine affording immunity
to charitable organizations, religious organizations,
educational institutions, or their officers, directors,
employees, volunteers, or agents shall bar or limit any claim
arising from child sexual abuse.
(d)(c) The civil limitation periods provided in this
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(d)(c) The civil limitation periods provided in this
section shall be tolled during any criminal investigation and
the prosecution of the underlying offense. The tolling shall
begin on the date that the child sexual abuse is reported to a
law enforcement agency in the state and end on the date all of
the following occur:
(1) The investigation is closed.
(2) The criminal prosecution has concluded.
(3) All appeals have been exhausted.
(4) An entry of final judgment has been made.
When both disabilities coexist at the time the claim
accrued, the limitation does not attach until both are
removed.
(e)(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.
(f) Nothing in this section shall impair or limit any
right of indemnification, contribution, or insurance coverage
that may be available to any defendant. "
Section 4. Section 6-2-8.1 is added to the Code of
Alabama 1975, to read as follows:
§6-2-8.1.
(a) For the purposes of this section, the term "child
sexual abuse" refers to the commission of a sex offense under
Section 15-20A-5 against an individual under 19 years of age.
(b)(1) An individual of any age who was time barred
from filing a civil action for recovery of damages due to the
expiration of the statute of limitations in effect before
January 1, 2027, may commence a civil action under this
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January 1, 2027, may commence a civil action under this
chapter not later than January 1, 2029, or two years after the
criminal conviction or guilty plea of the alleged perpetrator
occurred, whichever is later, if all of the following apply:
a. The injury upon which the action is based arises
from a sex offense as described in Section 15-20A-5.
b. The action is against either of the following:
1. The alleged perpetrator of a sex offense as
described in Section 15-20A-5.
2. An organization that employed, supervised, or had
responsibility for the care, custody, supervision, or control
of the individual at the time of the child sexual abuse and
allegedly negligently prevented or responded to the abuse.
(2) This subsection applies even if the individual
previously filed an action that was dismissed as time-barred.
(c) The civil limitation periods provided in this
section shall be tolled during any criminal investigation and
the prosecution of the underlying offense. The tolling shall
begin on the date that the child sexual abuse is reported to a
law enforcement agency in the state and end on the date all of
the following are true:
(1) The investigation is closed.
(2) The criminal prosecution has concluded.
(3) All appeals have been exhausted.
(4) An entry of final judgment has been made.
(d) Notwithstanding any other law to the contrary, no
action under this Section may be dismissed or limited because
of a notice-of-claim, immunity, or damages cap.
(e) Notwithstanding any provision of law to the
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(e) Notwithstanding any provision of law to the
contrary, no constitutional, statutory, or common-law
doctrines of sovereign immunity, governmental immunity,
state-agent immunity, discretionary-function immunity, or
qualified immunity shall bar or limit either of the following:
(1) Any claim under this section arising from child
sexual abuse against a public entity.
(2) Any claim under this section arising from child
sexual abuse brought against an officer, employee, or agent of
a public entity, whether in an official or individual
capacity.
(f) Notwithstanding any other provision of law to the
contrary, no statute or common-law doctrine affording immunity
to charitable organizations, religious organizations,
educational institutions, or their officers, directors,
employees, volunteers, or agents shall bar or limit any claim
under this section arising from child sexual abuse.
Section 5. Sections 1, 2, and 3 of this act shall
become effective on October 1, 2026. Section 4 of this act
shall become effective on January 1, 2027, contingent on the
ratification of an amendment to the Constitution of Alabama of
2022, proposed in the 2026 Regular Session, authorizing the
Legislature to revive rights and remedies relating to child
sexual abuse.
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