Staff Analysis of the Legislation
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HB 17 (Spencer-R-Woodbine) While not an “education bill” on its face this bill could have possible implications for public schools, as it amends O.C.G.A. § 9-3-33.1 to extend the time limitations for victims seeking criminal and civil actions for childhood sexual abuse in most cases to age 23 for certain sexual offenses. Section
2(c)(1)(2) specifically extends the ability for a victim to seek a tort claim
against an institution for which the person committing the act of childhood
sexual abuse was employed if the entity owed a duty of care to the victim or
the defendant and the plaintiff were engaged in some activity over which the
entity had some degree of responsibility or control. The bill allows damages under such cases only
when there is a finding of negligence on the part of the institution. Section 2(d)(1) authorizes the re-opening for a period of two years, any claims that have been previously time barred and dismissed. Plaintiffs would have until July 1, 2017 to re-file such claims of action. |
Short Note:
Extends statute of limitations for actions for childhood sexual abuse |