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AL HB311

Bill

Status

Introduced

4/2/2019

Primary Sponsor

Merika Coleman-Evans

Click for details

Origin

House of Representatives

Regular Session 2019

AI Summary

  • 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.

  • Tolls the statute of limitations for minor victims until they reach 19 years of age.

  • Requires complaints alleging sex offenses occurring more than 10 years prior to filing to be proven by clear and convincing evidence.

  • 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.

  • 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

Committee Referrals

Judiciary4/2/2019

Full Bill Text

No bill text available