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HB 0479 - Hidden Predator Act of 2019; enact

Tracking Level: Monitor
Sponsor: Heath Clark
Last Action: 3/13/2020 - Senate Read and Referred
House Committee: Judiciary
Senate Committee: Assignments
Assigned To:
12. All CourtsNext Bill
CivilNext Bill
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Staff Analysis of the Legislation

HB 479 amends Code Section 9-3-33.1 of the OCGA to extend the statute of limitations from two to four years for civil actions against childhood sexual abuse committed on or after July 1, 2015 starting from the date the plaintiff knew of such abuse. As of July 1, 2020, a plaintiff between the ages of 23 and 28 years old may also bring a civil action for such abuse. A plaintiff at any age who was previously barred by a statute of limitations may file an action of recovery of damages for such abuse during a look-back period of one year established as of July 1, 2020. If filed against an entity, the plaintiff must show that the entity owed a duty of care to the plaintiff and that the entity knew of the act and intentionally allowed abuse to continue or knew such person had committed previous acts of abuse against another and withheld such information. Actions against an entity shall not include actions or inactions before July 1, 1988. Sovereign and governmental immunity is also expressly waived for actions pursued against entities during the look-back period.

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