summary
Introduced
03/20/2017
03/20/2017
In Committee
03/23/2018
03/23/2018
Crossed Over
02/28/2018
02/28/2018
Passed
Dead
03/29/2018
03/29/2018
Introduced Session
2017-2018 Regular Session
Bill Summary
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to change provisions relating to the revival of certain claims involving childhood sexual abuse; to provide for civil actions by the Attorney General under certain circumstances; to provide for a civil penalty; to provide for a report; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
AI Summary
This bill, the "Hidden Predator Act of 2018," aims to amend Georgia's law on the statute of limitations for civil actions related to childhood sexual abuse. The key provisions are:
1. It extends the time period for filing civil lawsuits for childhood sexual abuse, allowing victims to file claims up to age 30 if the abuse occurred on or after July 1, 2018.
2. It provides an opportunity for victims who were previously time-barred to file civil lawsuits, if the person who committed the abuse had a "responsibility for the care" of the victim, or if the entity (such as an institution or organization) that had control over the situation intentionally harbored, assisted, concealed, or withheld information about the perpetrator.
3. It requires plaintiffs to file an affidavit from an expert witness to support their claims, with some exceptions to accommodate time constraints.
4. It allows the doctrines of equitable tolling and laches to apply to these cases.
5. It clarifies the liability of unincorporated associations and provides a safe harbor for entities that timely reported suspected abuse as required by law.
The bill is intended to provide more avenues for victims of childhood sexual abuse to seek civil recourse, even if their claims were previously time-barred.
Sponsors (7)
Buzz Brockway (R)*,
Stacey Evans (D)*,
Spencer Frye (D)*,
Mary Oliver (D)*,
Paulette Rakestraw (R)*,
Jason Spencer (R)*,
Greg Kirk (R),
Last Action
House Conference Committee Appointed 180th, 40th, 34th (on 03/29/2018)
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