Staff Analysis of the Legislation
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HB 17 amends O.C.G.A. Code Section 9-3-33.1, relating to limitations for actions for childhood sexual abuse, by adding a "Discovery plus 2 rule" that allows an additional two years for plaintiffs who are time barred from filing a civil action for injuries resulting from childhood sexual abuse to file such actions. Currently, sexual crimes committed against children under age 18 must begin prosecution by the time the plaintiff reaches age 23. This bill amends Chapter 3 of Title 9 of the O.C.G.A. to allow anyone under the age of 53 to bring civil charges against perpetrators of child molestation, for all offenses committed on or after July 1, 2015. Section 5 of HB 17 seeks to amend Article 2 of Chapter 5 of Title 49 to grant a child who alleges he or she was abused access to records concerning a report of child abuse allegedly committed against him or her that are in the custody of the Department of Human Services or other agency upon reaching 18 years of age. However, before the child reaches 18 years of age, such reports shall be made available to the child's legal parent or guardian, so long as the requestor is not the subject of the report and so long as the requestor or the requestor¿s representative submits a sworn affidavit that attests such information is relevant to a pending or proposed civil action. The bill also allows a cause of action against an entity that owed a duty of care to the Plaintiff, where the alleged offender was a volunteer or employee of such entity. |
