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AL HB311
Bill
Status
4/2/2019
Primary Sponsor
Merika Coleman-Evans
Click for details
AI Summary
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Establishes a 10-year statute of limitations for civil actions seeking damages for injury or illness arising from a sex offense, with the limitation period running from whichever of four triggering events occurs latest: the offense date, when plaintiff knew or should have known of the offense, 10 years after plaintiff turns 19, or the criminal conviction date of the defendant.
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Tolls the statute of limitations for minor victims until they reach 19 years of age.
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Requires complaints alleging sex offenses occurring more than 10 years prior to filing to be proven by clear and convincing evidence.
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Mandates that defendants in delayed complaints be designated only as "Doe" until the plaintiff demonstrates corroborative evidence and obtains court authorization to name the actual defendant.
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Excludes mental health practitioner opinions from qualifying as corroborative facts for purposes of naming defendants.
Legislative Description
Civil procedure, statute of limitations. sex offense, further provided, statute of limitations tolled until vicitim reaches age of majority, Sec. 6-2-8 added
Civil Procedure
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
4/2/2019