SB 44

SB44 INTRODUCED
1 SB44
2 XD34SEZ-1
3 By Senator Coleman
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 08-Jan-26
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XD34SEZ-1 01/08/2026 GP (L)bm 2026-94
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2
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4 SYNOPSIS:
5Under existing law, a civil action based on a
6sex offense committed against an individual under 19
7years of age must be brought within six years of that
8individual's 19th birthday, or the action is
9time-barred.
10This bill would authorize a civil action based
11on a sex offense committed against an individual under
1219 years of age or of unsound mind to be brought 20
13years after the individual turns 19 years of age or is
14otherwise relieved of disability or two years after the
15criminal conviction of the alleged perpetrator,
16whichever is greater.
17This bill would, contingent on the ratification
18of a constitutional amendment authorizing the
19Legislature to revive time-barred rights and remedies
20relating to the sexual abuse of a minor, allow an
21individual whose claim relating to child sexual abuse
22is time-barred to commence a civil action not later
23than January 1, 2029, or two years after the criminal
24conviction or guilty plea of the alleged perpetrator,
25whichever is later.
26This bill would allow civil actions to be
27brought against the alleged perpetrator of child sexual
28abuse or against an organization that allegedly
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29negligently prevented or responded to the abuse.
30This bill would provide that certain
31notice-of-claim requirements, damages caps, and
32immunity provisions do not apply to a claim of child
33sexual abuse.
34This bill would also provide that the period to
35bring a civil action for child sexual abuse shall be
36tolled during a criminal investigation of the abuse, a
37final judgment is entered, and all appeals are
38exhausted.
39
40
41A BILL
42TO BE ENTITLED
43AN ACT
44
45Relating to child sexual abuse; to amend Section 6-2-8,
46 Code of Alabama 1975; to extend the statute of limitations for
47 a civil action for child sexual abuse; to authorize civil
48 actions against an organization for negligently preventing or
49 responding to child sexual abuse; to provide that certain
50 notice-of-claim requirements, damage caps, and immunity
51 provisions do not apply to claims relating to child sexual
52 abuse; to provide for the tolling of the statute of
53 limitations during criminal investigations and proceedings;
54 and, contingent on the ratification of a constitutional
55 amendment authorizing the Legislature to revive time-barred
56 rights and remedies relating to child sexual abuse, to add
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57 Section 6-2-8.1 to the Code of Alabama 1975, to revive certain
58 time-barred civil claims for child sexual abuse.
59 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
60Section 1. This act shall be known and may be cited as
61 the Hidden Predators Act.
62Section 2. The Legislature finds and declares the
63 following:
64(1) Child sexual abuse is a pervasive and devastating
65 crime that inflicts lifelong harm on survivors and causes
66 lasting damage to families and communities. Studies
67 demonstrate that approximately one in five girls and one in
68 thirteen boys in the United States experience sexual abuse
69 during childhood.
70(2) Approximately one-third of victims of child sexual
71 abuse never disclose their abuse to anyone, ever. The
72 remaining two-thirds typically delay disclosure until
73 adulthood, often decades after the abuse occurred.
74(3) Delayed disclosure is a well-documented and
75 predicable consequence of childhood sexual abuse.
76(4) Existing law requires a civil action for an injury
77 arising from a sex offense to be brought not later than six
78 years after the survivor reaches 19 years of age or is
79 otherwise relieved of disability. The current legal barriers
80 preventing survivors of child sexual abuse from pursuing civil
81 claims, such as statutes of limitations and claim-presentation
82 deadlines, undermine the pursuit of truth and accountability
83 and deny survivors meaningful access to justice.
84(5) The statute of limitations for a civil action
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85 brought against the actual alleged perpetrator of child sexual
86 abuse or an organization alleged to be negligent in protecting
87 children under its care from sexual abuse should be extended
88 to:
89a. Ensure that the laws of Alabama reflect modern
90 scientific understanding of trauma and delayed disclosures;
91b. Provide survivors of child sexual abuse a fair
92 opportunity to be heard and to seek redress;
93c. Promote accountability and protect children from
94 abuse in the future; and
95d. Hold perpetrators of childhood sexual abuse
96 accountable.
97Section 3. Section 6-2-8, Code of Alabama 1975, is
98 amended to read as follows:
99"§6-2-8
100(a) For the purposes of this section, the term "child
101 sexual abuse" refers to the commission of a sex offense under
102 Section 15-20A-5 against an individual under 19 years of age.
103(b)(1) An individual If anyone entitled to: (i)
104 commence any of the actions enumerated in this chapter, to;
105 (ii) make an entry on land; or (iii) enter a defense founded
106 on the title to real property, who is, at the time the right
107 accrues, below the age of 19 years of age or of unsound mind,
108 or insane, he or she shall have three years, or the period
109 allowed by law for the commencement of an action if it be less
110 than three years, after the termination of the disability to
111 commence an action, make entry, or defend.
112(2) When both disabilities coexist at the time the
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113 claim accrued, the limitation does not attach until both are
114 removed.
115(3) No disability shall extend the period of
116 limitations so as to allow an action to be commenced, entry
117 made, or defense made after the lapse of 20 years from the
118 time the claim or right accrued.
119(4) Nothing in this section shall be interpreted as
120 denying any imprisoned person individual the right to commence
121 an action enumerated in this chapter and or to make any proper
122 appearances on his or her behalf in such actions.
123(c)(1) An individual(b) If anyone entitled to commence
124 any of the actions enumerated in this chapter who is, at the
125 time the right accrues, below the age of 19 years of age or of
126 unsound mind shall have either 20 years after the termination
127 of the disability or two years after the criminal conviction
128 of the alleged perpetrator occurred, whichever is greater, to
129 commence an action under this subsection, provided that, or
130 insane, and the:
131a. The injury upon which the action is based arises
132 from a sex offense as described in Section 15-20A-5; and
133b. The action is against either of the following:
1341. The alleged perpetrator of a sex offense as
135 described in Section 15-20A-5.
1362. An organization that employed, supervised, or had
137 responsibility for the care, custody, supervision, or control
138 of the individual at the time of the child sexual abuse and
139 allegedly negligently prevented or responded to the abuse, he
140 or she shall have six years after the termination of the
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141 disability to commence the action.
142(2) Notwithstanding any law or requirement to the
143 contrary, no ante litem, notice-of-claim, or claim
144 presentation requirement shall apply to a civil action arising
145 from child sexual abuse that occurred on or after October 1,
146 2026.
147(3) Notwithstanding any other law to the contrary, no
148 action under this subsection may be dismissed or limited
149 because of a notice-of-claim, immunity, or damages cap.
150(4) Notwithstanding any provision of law to the
151 contrary, no constitutional, statutory, or common-law
152 doctrines of sovereign immunity, governmental immunity,
153 state-agent immunity, discretionary-function immunity, or
154 qualified immunity shall bar or limit either of the following:
155a. Any claim arising from child sexual abuse of an
156 individual that occurred on or after October 1, 2026, brought
157 against a public entity.
158b. Any claim arising from child sexual abuse that
159 occurred on or after October 1, 2026, brought against an
160 officer, employee, or agent of a public entity, whether in an
161 official or individual capacity.
162(5) Notwithstanding any other provision of law to the
163 contrary, no statute or common-law doctrine affording immunity
164 to charitable organizations, religious organizations,
165 educational institutions, or their officers, directors,
166 employees, volunteers, or agents shall bar or limit any claim
167 arising from child sexual abuse.
168(d)(c) The civil limitation periods provided in this
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169 section shall be tolled during any criminal investigation and
170 the prosecution of the underlying offense. The tolling shall
171 begin on the date that the child sexual abuse is reported to a
172 law enforcement agency in the state and end on the date all of
173 the following occur:
174(1) The investigation is closed.
175(2) The criminal prosecution has concluded.
176(3) All appeals have been exhausted.
177(4) An entry of final judgment has been made.
178When both disabilities coexist at the time the claim
179 accrued, the limitation does not attach until both are
180 removed.
181(e)(d) A disability which that did not exist when a
182 claim accrued does not suspend the operation of the limitation
183 unless the contrary is expressly provided.
184(f) Nothing in this section shall impair or limit any
185 right of indemnification, contribution, or insurance coverage
186 that may be available to any defendant."
187Section 4. Section 6-2-8.1 is added to the Code of
188 Alabama 1975, to read as follows:
189§6-2-8.1.
190(a) For the purposes of this section, the term "child
191 sexual abuse" refers to the commission of a sex offense under
192 Section 15-20A-5 against an individual under 19 years of age.
193(b)(1) An individual of any age who was time barred
194 from filing a civil action for recovery of damages due to the
195 expiration of the statute of limitations in effect before
196 January 1, 2027, may commence a civil action under this
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197 chapter not later than January 1, 2029, or two years after the
198 criminal conviction or guilty plea of the alleged perpetrator
199 occurred, whichever is later, if all of the following apply:
200a. The injury upon which the action is based arises
201 from a sex offense as described in Section 15-20A-5.
202b. The action is against either of the following:
2031. The alleged perpetrator of a sex offense as
204 described in Section 15-20A-5.
2052. An organization that employed, supervised, or had
206 responsibility for the care, custody, supervision, or control
207 of the individual at the time of the child sexual abuse and
208 allegedly negligently prevented or responded to the abuse.
209(2) This subsection applies even if the individual
210 previously filed an action that was dismissed as time-barred.
211(c) The civil limitation periods provided in this
212 section shall be tolled during any criminal investigation and
213 the prosecution of the underlying offense. The tolling shall
214 begin on the date that the child sexual abuse is reported to a
215 law enforcement agency in the state and end on the date all of
216 the following are true:
217(1) The investigation is closed.
218(2) The criminal prosecution has concluded.
219(3) All appeals have been exhausted.
220(4) An entry of final judgment has been made.
221(d) Notwithstanding any other law to the contrary, no
222 action under this Section may be dismissed or limited because
223 of a notice-of-claim, immunity, or damages cap.
224(e) Notwithstanding any provision of law to the
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225 contrary, no constitutional, statutory, or common-law
226 doctrines of sovereign immunity, governmental immunity,
227 state-agent immunity, discretionary-function immunity, or
228 qualified immunity shall bar or limit either of the following:
229(1) Any claim under this section arising from child
230 sexual abuse against a public entity.
231(2) Any claim under this section arising from child
232 sexual abuse brought against an officer, employee, or agent of
233 a public entity, whether in an official or individual
234 capacity.
235(f) Notwithstanding any other provision of law to the
236 contrary, no statute or common-law doctrine affording immunity
237 to charitable organizations, religious organizations,
238 educational institutions, or their officers, directors,
239 employees, volunteers, or agents shall bar or limit any claim
240 under this section arising from child sexual abuse.
241Section 5. Sections 1, 2, and 3 of this act shall
242 become effective on October 1, 2026. Section 4 of this act
243 shall become effective on January 1, 2027, contingent on the
244 ratification of an amendment to the Constitution of Alabama of
245 2022, proposed in the 2026 Regular Session, authorizing the
246 Legislature to revive rights and remedies relating to child
247 sexual abuse.
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