Ala. Code § 6-NEW

Current through the 2024 Regular Session.
Section 6-NEW - Exception to statute of limitations for sex offense against a minor; retroactive application
(a) Notwithstanding Section 6-2-3, Code of Alabama 1973, 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 ail 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 6-2-3, 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 13, 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 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(d) This section shall expire and be repealed on December 31, 2026.

Ala. Code § 6-NEW (1975)

Added by Act 2024-36,§ 1, eff. 4/3/2024.