Alabama 2024 Regular Session

Alabama Senate Bill SB93 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB93INTRODUCED
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3	3	SB93
4	4	FN1P555-1
5	5	By Senator Chambliss
6	6	RFD: Judiciary
7	7	First Read: 13-Feb-24
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12	12	5 FN1P555-1 02/13/2024 GP (L)lg 2023-3112
13	13	Page 1
14	14	First Read: 13-Feb-24
15	15	SYNOPSIS:
16	16	Under existing law, anyone entitled to commence
17	17	a civil action based on an injury involving a sex
18	18	offense against an individual 19 years of age or
19	19	younger has until six years after the individual turns
20	20	19 to commence the action.
21	21	This bill would provide an exception to the
22	22	statute of limitations for a civil action for injury
23	23	resulting from certain sex offenses against a minor,
24	24	provided the action is for purposes of making a claim
25	25	against the bankruptcy estate of a congressionally
26	26	chartered organization and the bankruptcy proceedings
27	27	were initiated on February 18, 2020.
28	28	This bill would also provide for retroactive
29	29	effect.
30	30	A BILL
31	31	TO BE ENTITLED
32	32	AN ACT
33	33	Relating to commencement of actions; to provide a
34	34	limited exception to the statute of limitations for certain
35	35	actions for injury that result from a sex offense against a
36	36	minor for the purposes of filing a claim against the
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64	64	28 SB93 INTRODUCED
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66	66	minor for the purposes of filing a claim against the
67	67	bankruptcy estate of a congressionally chartered organization;
68	68	and to provide for retroactive effect.
69	69	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
70	70	Section 1. (a) Notwithstanding Section 6-2-8, Code of
71	71	Alabama 1975, if an individual entitled to commence any of the
72	72	actions enumerated in Chapter 2 of Title 6, Code of Alabama
73	73	1975, is, at the time the right accrued, below 19 years of
74	74	age, an action for injury may be commenced by or on behalf of
75	75	the injured individual at any time, notwithstanding any then
76	76	applicable statute of limitation, if all of the following are
77	77	true:
78	78	(1) The injury upon which the action is based arises
79	79	from a sex offense as described in Section 15-20A-5, Code of
80	80	Alabama 1975.
81	81	(2) The action is barred due to the expiration of the
82	82	statute of limitations period described in Section 6-2-8, Code
83	83	of Alabama 1975.
84	84	(3) The action is for purposes of making a claim or
85	85	claims in a bankruptcy proceeding that was initiated on
86	86	February 18, 2020.
87	87	(4) The claim or claims is against the bankruptcy
88	88	estate of a congressionally chartered organization.
89	89	(b) An action brought under subsection (a) may only be
90	90	commenced against an entity seeking bankruptcy protection as
91	91	provided in subsection (a) and not against any other person or
92	92	entity.
93	93	(c) This section shall apply retroactively to sex
94	94	offenses that occurred prior to the effective date of this
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124	124	offenses that occurred prior to the effective date of this
125	125	act, irrespective of any statute of limitation in effect at
126	126	the time the offense occurred.
127	127	(d) This section shall expire and be repealed on
128	128	December 31, 2026.
129	129	Section 2. This act shall become effective immediately
130	130	following its passage and approval by the Governor, or its
131	131	otherwise becoming law.
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