The bill presented is an act that provides a limited exception to the statute of limitations for certain actions related to injuries resulting from a sex offense against a minor, specifically for the purpose of filing a claim against the bankruptcy estate of a congressionally chartered organization. The act allows individuals who were under the age of 19 at the time the right to action accrued to commence an action for injury at any time, regardless of the statute of limitations, if the injury is based on a sex offense as defined in Section 15-20A-5, Code of Alabama 1975, and if the action is barred due to the expiration of the statute of limitations period described in Section 6-2-8, Code of Alabama 1975. Additionally, the action must be for the purpose of making a claim in a bankruptcy proceeding that was initiated on February 18, 2020, and the claim must be against the bankruptcy estate of a congressionally chartered organization.
The act specifies that an action under this exception can only be commenced against an entity seeking bankruptcy protection and not against any other person or entity. It applies retroactively to sex offenses that occurred prior to the effective date of the act, irrespective of any statute of limitation in effect at the time the offense occurred. The act is set to expire and be repealed on December 31, 2026, and will become effective immediately upon enactment. The bill has passed both the Senate and the House of Representatives, as indicated by the signatures of the President and Presiding Officer of the Senate and the Speaker of the House of Representatives.
Statutes affected: Introduced: 6-2-8