---
title: O.C.G.A. § 9-3-99. Tolling of limitations for tort actions while criminal prosecution is pending.
collection: code
id: 9-3-99
cite_as: O.C.G.A. § 9-3-99 (2025)
canonical_url: https://georgiacommons.org/code/9-3-99
md_url: https://georgiacommons.org/code/9-3-99.md
text_url: https://georgiacommons.org/code/9-3-99/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=389
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/9-3.md
previous: https://georgiacommons.org/code/9-3-98.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / LIMITATIONS OF ACTIONS / TOLLING OF LIMITATIONS
---

# O.C.G.A. § 9-3-99. Tolling of limitations for tort actions while criminal prosecution is pending.

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1.

## History

Code 1981, § 9-3-99, enacted by Ga. L. 2005, p. 88, § 2/HB 172; Ga. L. 2015, p. 675, § 2-4/SB 8; Ga. L. 2015, p. 689, § 4/HB 17.

## Editor's Notes

Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’”

Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Safe Harbor/Rachel’s Law Act.’”

Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides that: “(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments.

“(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state.”

Ga. L. 2015, p. 689, § 1/HB 17, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Hidden Predator Act.’”

## Law Reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 43 (2015).

For annual survey on torts law, see 69 Mercer L. Rev. 299 (2017).

For annual survey on trial practice and procedure, see 69 Mercer L. Rev. 321 (2017).

For note, “I Tolled You I Had More Time!: The Future of Tolling Looks Bright for Crime Victims, as the Georgia Court of Appeals Establishes New Meaning of O.C.G.A. § 9-3-99,” see 68 Mercer L. Rev. 557 (2017).

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 74 Mercer L. Rev. 277 (2022).