Alabama 2025 Regular Session

Alabama Senate Bill SB254 Latest Draft

Bill / Introduced Version Filed 03/18/2025

                            SB254INTRODUCED
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SB254
XDQ4HEZ-1
By Senators Coleman, Coleman-Madison, Stewart, Hatcher,
Singleton, Gudger, Chambliss, Figures, Beasley
RFD: Judiciary
First Read: 18-Mar-25
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6 XDQ4HEZ-1 03/18/2025 THR (L)THR 2025-1321
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First Read: 18-Mar-25
SYNOPSIS:
Under existing law, a civil action for an injury
to an individual that involves certain sex offenses
must be brought within six years.
This bill would expand the statute of
limitations for certain sex offenses.
A BILL
TO BE ENTITLED
AN ACT
Relating to commencement of actions; to amend Section
6-2-8, Code of Alabama 1975; to further provide for the
statute of limitations for civil actions involving certain sex
offenses.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 6-2-8, Code of Alabama 1975, is
amended to read as follows:
"ยง6-2-8
(a) If anyone entitled to commence any of the actions
enumerated in this chapter, to make an entry on land , or to
enter a defense founded on the title to real property is, at
the time the right accrues ,  is below the age of 19 years of
age, or insane, he or she shall have three years, or the
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age, 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 the action, make entry, or defend.
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. Nothing in this section shall be interpreted as
denying any imprisoned person the right to commence an action
enumerated in this chapter and to make any proper appearances
on his or her behalf in such actions.
(b)(1) If anyone entitled to commence any of the
actions enumerated in this chapter is, at the time the right
accrues,  is below the age of 19 years,  of age or insane, and
the injury upon which the action is based arises from a sex
offense as described in Section 15-20A-5, he or she shall have
six 36 years after the termination of the disability to
commence the action.
(c) When both disabilities coexist at the time the
claim accrued, the limitation does not attach until both are
removed.
(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."
Section 2. This act shall become effective on October
1, 2025.
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