SB93INTRODUCED
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SB93
FN1P555-1
By Senator Chambliss
RFD: Judiciary
First Read: 13-Feb-24
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5 FN1P555-1 02/13/2024 GP (L)lg 2023-3112
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First Read: 13-Feb-24
SYNOPSIS:
Under existing law, anyone entitled to commence
a civil action based on an injury involving a sex
offense against an individual 19 years of age or
younger has until six years after the individual turns
19 to commence the action.
This bill would provide an exception to the
statute of limitations for a civil action for injury
resulting from certain sex offenses against a minor,
provided the action is for purposes of making a claim
against the bankruptcy estate of a congressionally
chartered organization and the bankruptcy proceedings
were initiated on February 18, 2020.
This bill would also provide for retroactive
effect.
A BILL
TO BE ENTITLED
AN ACT
Relating to commencement of actions; to provide a
limited exception to the statute of limitations for certain
actions for injury that result from a sex offense against a
minor for the purposes of filing a claim against the
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minor for the purposes of filing a claim against the
bankruptcy estate of a congressionally chartered organization;
and to provide for retroactive effect.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Notwithstanding Section 6-2-8, Code of
Alabama 1975, if an individual entitled to commence any of the
actions enumerated in Chapter 2 of Title 6, Code of Alabama
1975, is, at the time the right accrued, below 19 years of
age, an action for injury may be commenced by or on behalf of
the injured individual at any time, notwithstanding any then
applicable statute of limitation, if all of the following are
true:
(1) The injury upon which the action is based arises
from a sex offense as described in Section 15-20A-5, Code of
Alabama 1975.
(2) The action is barred due to the expiration of the
statute of limitations period described in Section 6-2-8, Code
of Alabama 1975.
(3) The action is for purposes of making a claim or
claims in a bankruptcy proceeding that was initiated on
February 18, 2020.
(4) The claim or claims is against the bankruptcy
estate of a congressionally chartered organization.
(b) An action brought under subsection (a) may only be
commenced against an entity seeking bankruptcy protection as
provided in subsection (a) and not against any other person or
entity.
(c) This section shall apply retroactively to sex
offenses that occurred prior to the effective date of this
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offenses that occurred prior to the effective date of this
act, irrespective of any statute of limitation in effect at
the time the offense occurred.
(d) This section shall expire and be repealed on
December 31, 2026.
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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