HB1311: HB1311 Survivor Civil Protection Act; enact

26 LC 62 0281 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 Georgia1 Annotated, relating to court an d litigation costs and damages a nd costs generally,2 respectively, so as to prohibit courts from awarding attorney's fees to defendants who have3 been found guilty of or pleaded guilty or nolo contendere to a sexual offense when the4 plaintiff is the victim of such offense; to provide for a short title; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Survivor Civil Protection Act."9 SECTION 2.10 Chapter 15 of Title 9 of the Official Code of Georgia Annotated , relating to court and11 litigation costs, is amended in Code Section 9-15-14, relating to litigation costs and attorney's12 fees assessed for frivolous actions and defenses, by adding a n ew subsection to read as13 follows:14 H. B. 1311 - 1 - 26 LC 62 0281 "(i)(1) In any civil action where a party has been the victim of an offense under Chapter 615 of Title 16 and another party has been found guilty or pleaded guilty or nolo contendere16 to such offense or a lesser included offense, the victim of such offense and such victim's17 attorney shall not be assessed attorney's fees or expenses of l itigation under this Code18 section. This subsection shall apply to civil actions related in any manner to such19 criminal offense.20 (2) It is the intent of the General Assembly that no sanctions shall be awarded against21 such victim in the action."22 SECTION 3.23 Chapter 6 of Title 13 of the Official Code of Georgia Annotated , relating to damages and24 costs generally, is amended by revising Code Section 13-6-11, r elating to recovery of25 expenses of litigation generally, as follows:26 "13-6-11.27 (a) The expenses of litigation generally shall not be allowed as a part of the damages; but28 where the plaintiff has specially pleaded and has made prayer t herefor and where the29 defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff30 unnecessary trouble and expense, the jury may allow them.31 (b)(1) In any civil action where a party has been the victim of an offense under Chapter 632 of Title 16 and another party has been found guilty or pleaded guilty or nolo contendere33 to such offense or a lesser included offense, the victim of such offense and such victim's34 attorney shall not be assessed attorney's fees or expenses of l itigation under this Code35 section. This subsection shall apply to civil actions related in any manner to such36 criminal offense.37 (2) It is the intent of the General Assembly that no sanctions shall be awarded against38 such victim in the action."39 H. B. 1311 - 2 - 26 LC 62 0281 SECTION 4.40 All laws and parts of laws in conflict with this Act are repealed.41 H. B. 1311 - 3 -