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SB 43

Child sexual abuse; Legislature authorized to revive certain time-barred civil claims, constitutional amendment

2026 Regular Session

Constitutional amendment authorizes Alabama Legislature to revive expired civil lawsuits for child sexual abuse, allowing survivors to sue perpetrators and institutions beyond normal statute of limitations.

Currently Indefinitely Postponed
#constitutionalamendmentsstatewide
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Bill Summary · SB 43

Legislative bill overview

SB 43 proposes a constitutional amendment in Alabama that would authorize the Legislature to revive civil lawsuits for child sexual abuse that have previously expired under the statute of limitations. This would allow survivors to pursue damages against perpetrators and institutions even after the normal filing deadline has passed, provided the Legislature passes enabling legislation to specify the conditions and timeframes for revival.

Why is this important

Child sexual abuse survivors often experience delayed disclosure due to trauma, psychological impacts, and institutional barriers, meaning many cases become legally time-barred before victims can file suit. This amendment could provide a legal pathway for justice and accountability that currently doesn't exist, while also potentially creating significant financial liability for institutions (schools, churches, organizations) that enabled or failed to prevent abuse. The measure directly impacts survivors' access to civil remedies and institutional accountability mechanisms.

Potential points of contention

  • Retroactive application concerns: Revival of old claims raises questions about fairness to defendants and institutions, availability of evidence, witness testimony reliability, and whether due process protections are adequately maintained for accused parties
  • Institutional liability exposure: Organizations, particularly religious institutions and schools, could face substantial damages from decades-old allegations, raising concerns about financial sustainability and insurance implications
  • Implementation ambiguity: The amendment grants Legislature authority but doesn't specify parameters—leaving undefined which claims qualify, what time periods are covered, evidentiary standards, and caps on liability

Compiled from official sources — confirm details with the bill’s official record.

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