---
title: HB 1311. Survivor Civil Protection Act; enact
collection: bills
id: 2025-2026/hb1311
cite_as: HB 1311, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1311
md_url: https://georgiacommons.org/bills/2025-2026/hb1311.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1311/text
source_url: https://www.legis.ga.gov/legislation/73199
date: 2026-02-18
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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previous: https://georgiacommons.org/bills/2025-2026/hb1310.md
next: https://georgiacommons.org/bills/2025-2026/hb1312.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1311.md?full=1
bill_number: HB 1311
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-12
last_action: House Second Readers
sponsors:
- Mary Ann Santos
- Omari Crawford
- Terry Cummings
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1311/2025
upstream_id: 2116250
summaries_model: claude-sonnet-5
topic_tags:
- sexual assault survivors
- civil lawsuits
- attorney's fees
- Georgia court law
- victims' rights
---
# HB 1311. Survivor Civil Protection Act; enact
## Text
House Bill 1311
By: Representatives Santos of the 117th and Crawford of the 89th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 15 of Title 9 and Chapter 6 of Title 13 of the Official Code of Georgia
Annotated, relating to court and litigation costs and damages and costs generally,
respectively, so as to prohibit courts from awarding attorney's fees to defendants who have
been found guilty of or pleaded guilty or nolo contendere to a sexual offense when the
plaintiff is the victim of such offense; to provide for a short title; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Survivor Civil Protection Act."
SECTION 2.
Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and
litigation costs, is amended in Code Section 9-15-14, relating to litigation costs and attorney's
fees assessed for frivolous actions and defenses, by adding a new subsection to read as
follows:
"(i)(1) In any civil action where a party has been the victim of an offense under Chapter 6
of Title 16 and another party has been found guilty or pleaded guilty or nolo contendere
to such offense or a lesser included offense, the victim of such offense and such victim's
attorney shall not be assessed attorney's fees or expenses of litigation under this Code
section. This subsection shall apply to civil actions related in any manner to such
criminal offense.
(2) It is the intent of the General Assembly that no sanctions shall be awarded against
such victim in the action."
SECTION 3.
Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and
costs generally, is amended by revising Code Section 13-6-11, relating to recovery of
expenses of litigation generally, as follows:
"13-6-11.
(a) The expenses of litigation generally shall not be allowed as a part of the damages; but
where the plaintiff has specially pleaded and has made prayer therefor and where the
defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff
unnecessary trouble and expense, the jury may allow them.
(b)(1) In any civil action where a party has been the victim of an offense under Chapter 6
of Title 16 and another party has been found guilty or pleaded guilty or nolo contendere
to such offense or a lesser included offense, the victim of such offense and such victim's
attorney shall not be assessed attorney's fees or expenses of litigation under this Code
section. This subsection shall apply to civil actions related in any manner to such
criminal offense.
(2) It is the intent of the General Assembly that no sanctions shall be awarded against
such victim in the action."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would stop courts from ordering sexual assault survivors to pay a convicted offender's attorney's fees in related civil lawsuits, even if the survivor's claims are found weak or unsuccessful.
### Plain-language summary
Under current Georgia law, judges can order a party in a civil lawsuit to pay the other side's attorney's fees and litigation costs if a claim is deemed frivolous, stubbornly litigious, or brought in bad faith. This bill, named the 'Survivor Civil Protection Act,' would carve out an exception for victims of sexual offenses (crimes under Chapter 6 of Title 16 of Georgia law, which covers offenses like rape and sexual battery).
If someone has been found guilty, or pleaded guilty or no contest, to a sexual offense against a person, that victim and the victim's lawyer could not be ordered to pay attorney's fees or litigation expenses in any civil case connected to that criminal offense. The bill amends two separate Georgia code sections that currently allow such fee awards, adding this protection to both. It also states the General Assembly's intent that no sanctions be imposed on the victim in such actions. No effective date is specified beyond the standard process for a new law.
### What it does
- Adds a new protection to Georgia's frivolous litigation law (O.C.G.A. § 9-15-14) shielding sexual assault victims and their lawyers from being charged the other side's litigation costs.
- Adds the same protection to Georgia's general damages and litigation expense law (O.C.G.A. § 13-6-11).
- Applies whenever the opposing party in a civil case has been convicted, pleaded guilty, or pleaded no contest to a sexual offense or a related lesser offense.
- States that the shield applies broadly to any civil action connected in any way to that criminal offense, not just the original criminal case.
- Declares the General Assembly's intent that no financial sanctions be imposed on the victim in these lawsuits.
### Who it affects
Survivors of sexual offenses who file civil lawsuits, their attorneys, and defendants in those lawsuits who have been convicted or pleaded guilty or no contest to a related sexual crime. Georgia courts and judges who currently have discretion to award attorney's fees would also see that discretion limited in these specific cases.
### Why it matters
Currently, a sexual assault survivor who sues an offender could risk being ordered to pay the offender's legal costs if a judge finds the lawsuit frivolous or overly litigious. This bill would remove that financial risk in cases tied to a proven sexual offense, potentially making survivors more willing to pursue civil claims.
### Key provisions
- Section 1 names the bill the 'Survivor Civil Protection Act.'
- Section 2 adds a new subsection (i) to O.C.G.A. § 9-15-14 barring fee or expense awards against a sexual offense victim in related civil actions.
- Section 3 revises O.C.G.A. § 13-6-11 by adding a matching subsection (b) applying the same protection under that separate litigation expense law.
- Both new provisions specify they cover civil actions 'related in any manner' to the underlying criminal offense, extending the shield beyond the criminal case itself.
- Section 4 repeals any conflicting laws.
## Status
- Status: Introduced (2026-02-12)
- Last action: House Second Readers (2026-02-18)
- Sponsors: Mary Ann Santos, Omari Crawford, Terry Cummings
- Official page: https://www.legis.ga.gov/legislation/73199
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1311.md?full=1