HB 1311: Survivor Civil Protection Act; enact

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.

• 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.

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.

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.

• 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.

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

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

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