HB1479: HB1479 Civil practice; certain alleged acts by clergy members; extend statute of limitations

26 LC 62 0450 House Bill 1479 By: Representatives Sanchez of the 42nd, Evans of the 57th, Campbell of the 35th, Holcomb of the 101st, Santos of the 117th, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated,1 relating to specific periods of limitation, so as to extend the statute of limitations for certain2 alleged acts by clergy members; to provide for liability for certain entities; to provide for the3 extension of certain claims; to provide for definitions; to pro vide for related matters; to4 provide a short title; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 This Act shall be known and may be cited as "Hayle's Law."8 SECTION 2.9 Article 2 of Chapter 3 of Title 9 of the Official Code of Georg ia Annotated, relating to10 specific periods of limitation, is amended by adding a new Code section to read as follows:11 "9-3-33.2.12 (a) As used in this Code section, the term:13 (1) 'Clergy member' means any person, whether licensed or unlicensed, who represents14 himself or herself as a minister, pastor, priest, rabbi, imam, or other spiritual leader of an15 H. B. 1479 - 1 - 26 LC 62 0450 organization claiming to be a faith based organization in this state or any other state, or16 any person who provides or purports to provide spiritual guidance, pastoral counseling,17 religious instruction, or spiritual direction to another person in a relationship of trust,18 confidence, or dependency.19 (2) 'Entity' means an institution, agency, firm, business, corporation, or other public or20 private legal entity.21 (3) 'Pastoral counseling or spiritual authority relationship' means a relationship in which22 a clergy member provides spiritual guidance, pastoral care, rel igious instruction,23 confession, mentoring, or emotional or spiritual support in cir cumstances where a24 reasonable person would view the clergy member as exercising in fluence, trust, or25 authority over another person's spiritual, emotional, or personal well-being.26 (b)(1) Any civil action for recovery of damages suffered as a result of sexual assault,27 sexual battery, or improper sexual conduct committed by a clergy member or arising from28 pastoral counseling or spiritual authority relationship against the plaintiff when the29 plaintiff is 18 years of age or older shall be commenced the later of:30 (A) Within 15 years of the alleged conduct; or31 (B) Within five years from the date that the plaintiff knew or had reason to know of32 such acts and that such abuse resulted in injury to the plainti ff as established by33 competent medical or psychological evidence.34 (2) When the plaintiff's civil action is filed within five yea rs from the date that the35 plaintiff knew or had reason to know of such acts and that such acts resulted in injury to36 the plaintiff, the court shall determine admissible evidence in a pretrial finding when the37 discovery of the alleged acts occurred. The pretrial finding r equired pursuant to this38 paragraph shall be made within six months of the filing of the civil action.39 (c) If a civil action for recovery of damages is commenced and the clergy member was a40 volunteer or employee of an entity that owed a duty of care to the plaintiff, or the clergy41 member and the plaintiff were engaged in activity over which su ch entity had control, a42 H. B. 1479 - 2 - 26 LC 62 0450 plaintiff is also entitled to recover damages against such enti ty for claims related to the43 alleged acts, including, but not limited to, negligent hiring, negligent supervision, negligent44 retention, failure to warn, and concealment.45 (d) Any claims arising on or before June 30, 2026, that have been barred solely due to the46 statute of limitations expiring may be brought within two years of July 1, 2026."47 SECTION 3.48 All laws and parts of laws in conflict with this Act are repealed.49 H. B. 1479 - 3 -