HB1311: HB1311 Survivor Civil Protection Act; enact

Under current Georgia law, courts can sometimes order a person who loses a civil lawsuit, or whose case is deemed frivolous or stubbornly litigious, to pay the other side's attorney's fees and litigation expenses. This bill, called the "Survivor Civil Protection Act," carves out a protection for victims of sexual offenses (crimes under Chapter 6 of Title 16 of Georgia's criminal code, which covers sexual offenses). If someone has been found guilty, pleaded guilty, or pleaded no contest to a sexual offense or a lesser included offense, the victim of that offense and the victim's lawyer could not be ordered to pay attorney's fees or litigation costs in any civil case connected to that criminal conduct. This would apply under two existing Georgia laws: one covering frivolous lawsuits and defenses (O.C.G.A. § 9-15-14) and one covering general litigation expenses (O.C.G.A. § 13-6-11). The bill states the General Assembly's intent that no sanctions be awarded against such a victim.

• Adds a new subsection to Georgia's frivolous litigation law (O.C.G.A. § 9-15-14) shielding sexual assault victims and their lawyers from being charged attorney's fees or litigation costs in related civil cases.
• Rewrites Georgia's general litigation expenses law (O.C.G.A. § 13-6-11) to add the same protection for sexual assault victims and their attorneys.
• Applies the protection whenever the other party in the civil case has been found guilty, pleaded guilty, or pleaded no contest to a sexual offense or a lesser included offense.
• States that the protection covers civil actions 'related in any manner' to the underlying criminal offense, not just the criminal case itself.
• Declares the General Assembly's intent that no sanctions be imposed on the victim in such actions.
• Creates a short title, the 'Survivor Civil Protection Act,' for the law.

Survivors of sexual offenses under Georgia's Chapter 6 of Title 16 who bring or are involved in civil lawsuits connected to their abuse, their attorneys, defendants who have been convicted or pleaded guilty or no contest to sexual offenses, and Georgia's civil courts, which currently have authority to award attorney's fees under the two amended code sections.

Survivors who sue over sexual abuse sometimes face the financial risk of having to pay the other side's legal costs if a judge or jury finds their case frivolous or stubbornly litigious. This bill would remove that risk in cases where the defendant has already been criminally convicted or pleaded guilty or no contest to the underlying sexual offense.

• Section 1 gives the bill its short title, the 'Survivor Civil Protection Act.'
• Section 2 amends O.C.G.A. § 9-15-14 to add subsection (i), barring fee or cost awards against a sexual offense victim or their attorney once the other party has been convicted, pleaded guilty, or pleaded no contest.
• Section 3 rewrites O.C.G.A. § 13-6-11 to add a parallel subsection (b) applying the same protection to Georgia's general litigation expenses law.
• Both new subsections specify the protection applies to civil actions 'related in any manner' to the criminal sexual offense, not only to the criminal proceeding itself.
• Both new subsections include a statement of legislative intent that no sanctions be awarded against the victim in the civil action.
• Section 4 repeals any conflicting laws.

1. 2026-02-18House Second Readers (House)
2. 2026-02-17House First Readers (House)
3. 2026-02-12House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Omari Crawford (D, HD-089)
• Terry Cummings (D, HD-039)

• sexual assault survivors
• civil lawsuits
• attorney's fees
• victims' rights
• Georgia court law