sarah serluco: my blog

HB 771 is an amendment to an existing law 2010 Georgia Code
Title 9 – Civil Practice,
Chapter 3 – Limitations Of Actions,
Article 2 – Specific Periods Of Limitation,
§ 9-3-33.1 – Actions for childhood sexual abuse. This Georgia law pertaining specifically to limitations of actions of child sex abuse currently reads in part, “Any civil action for recovery of damages suffered as a result of childhood sexual abuse shall be commenced within five years of the date the plaintiff attains the age of majority.” It is proposed to change to 10 years. (General Assembly 2014)

The sponsor of the bill, Republican Representative of district 180, Jason Spencer, saw a need for new legislation through a problem among his constituents. The citizens saw a gap in the law and brought the problem to his attention. There was an incident of sexual abuse in the community which was getting a lot of attention. The victims went to their representative for justice and expressed their concerns that someone from the government needed to get involved in order to protect others in the future. This conversation sparked the idea of new legislation coupled with his wife’s own history of sexual abuse and the amendment was proposed.

There were five other sponsors of the bill, both Democrats and Republicans. Democrat Mary Margaret Oliver, Republican Rich Golick, Republican Trey Kelley, Republican Buzz Brockway and Democrat Nikki Randall. It also an interesting mix of well seasoned and fresh policy makers.

After the idea was formed and the legislation drafted , it was then filed by the sponsor Jason Spencer with the Clerk of the House.  The bill was put in the house hopper on January 17^th 2014.  The bill was then formally introduced by reading in the chamber on January 21^st. Immediately following, the bill is assigned to a standing committee. On the next legislative day, January 22^nd, the bill is read again in the chamber even though it is actually in committee at this point.

This bill was assigned to the Judiciary Non Civil Committee and on February 26^th of the session the bill was favorably voted by substitute. This basically means that the bill was voted on in the house and it passed but, the committee had changed the original writing. The House Judiciary Non-Civil Committee has jurisdiction over Georgia’s criminal code and procedure, drug enforcement, sentencing, parole and pardons, and immigration. Any legislation that carries a possibility for criminal penalties can be referred to the Judiciary Non-Civil Committee. The Chairman of this committee, Republican Rich Golick is also a sponsor of the bill. The bill was then sent to the Rules Committee. This committee oversees the flow of legislation from passage in committee and making the determination of what bills should be debated and voted, on the House floor. Also included in that task, is the approval of guests who are invited into the chambers of the House of Representatives to be recognized. Headed by chairman Republican John Meadows it was agreed by majority of members that it would not be presented to the House of Representatives for vote. This is where the bill died for the session. Spencer says he will reintroduce the bill in the next session if he is re-elected.

The lobbyists from churches, the archdiocese and the property and casualty insurance companies along with the child advocacy groups were against the bill. Representative Spencer was not aware that there would be such a push back. The churches and insurance companies want shorter limits and the others do not want limits at all. Originally representative Spencer wanted no limitations to the law but with the pressure of the very powerful opposition groups the amendment was re-written.