GA Code § 9-3-90 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 3 - Limitations of Actions|Article 5 - Tolling of Limitations|§ 9-3-90. Individuals Under Disability or Imprisoned When Cause of Action Accrues

  Individuals who are legally incompetent because of intellectual disability or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons.   Except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues shall be entitled to the same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.   No action accruing to an individual imprisoned at the time of its accrual which:   Prior to July 1, 1984, has been barred by the provisions of this chapter shall be revived by this chapter, as amended; or   Would be barred before July 1, 1984, by the provisions of this chapter, as amended, but which would not be so barred by the provisions of this chapter in force immediately prior to July 1, 1984, shall be barred until July 1, 1985.      (Laws 1805, Cobb's 1851 Digest, p. 564; Laws 1806, Cobb's 1851 Digest, p. 565; Laws 1817, Cobb's 1851 Digest, p. 567; Ga. L. 1855-56, p. 233, § 19; Code 1863, § 2867; Code 1868, § 2875; Code 1873, § 2926; Code 1882, § 2926; Civil Code 1895, § 3779; Civil Code 1910, § 4374; Code 1933, § 3-801; Ga. L. 1984, p. 580, § 1; Ga. L. 2015, p. 385, § 4-15/HB 252; Ga. L. 2015, p. 675, § 2-3/SB 8; Ga. L. 2015, p. 689, § 3/HB 17.)    The 2015 amendments.  The first 2015 amendment, effective July 1, 2015, substituted "intellectual disability" for "mental retardation" in subsection (a). The second 2015 amendment, effective July 1, 2015, in subsection (a), substituted "Individuals" for "Minors and persons" at the beginning; added present subsection (b); redesignated former subsection (b) as subsection (c); in subsection (c), added the paragraph (1) and (2) designators; in the introductory language, substituted "an individual" for "a person" and substituted a colon for ", prior"; in paragraph (c)(1), inserted "Prior" at the beginning, deleted "relating to limitations of actions" following "of this chapter" near the middle, and substituted "; or" for ". No action accruing to a person imprisoned at the time of its accrual which would" at the end; and, in paragraph (c)(2), inserted "Would" at the beginning. The third 2015 amendment, effective July 1, 2015, made identical changes as the second 2015 amendment.   Editor's notes.   - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"   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 annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010). For note, "Taking a Toll on the Equities: Governing the Effect of the PLRA'S Exhaustion Requirements on State Statutes of Limitations," 47 Ga. L. Rev. 1321 (2013). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 43 (2015).   JUDICIAL DECISIONS   ANALYSIS    General Provisions   Minors   Legal Incompetents   Prisoners    OPINIONS OF THE ATTORNEY GENERAL    Existence of infancy at time of accrual of cause under Ga. L. 1949, p. 1168, § 2 (see now O.C.G.A. § 15-21-50) will postpone commencement of running of period of limitation until infant reaches majority and fact that infant has a guardian who might sue in the infant's name did not prevent the infant in whom were the title and right of action from enjoying statutory benefit accorded the infant by virtue of the infant's disability. 1958-59 Op. Att'y Gen. p. 403.   RESEARCH REFERENCES   Am. Jur. 2d.   - 51 Am. Jur. 2d, Limitation of Actions, §§ 216 et seq., 222 et seq., 235.   C.J.S.   - 54 C.J.S., Limitations of Actions, §§ 135 et seq., 146.   ALR.    - Infancy or incompetency of one on whom legal title devolved as interrupting adverse possession previously initiated, 65 A.L.R. 975.    Statute providing that an insane person, minor, or other person under disability may bring suit within specified time after removal of disability as affecting right to bring action before disability removed, 109 A.L.R. 954.    Prescription or adverse possession against one under disability of infancy, coverture, or mental incompetency, 147 A.L.R. 236.    One wrongfully adjudged or committed as insane as within benefit of provision of statute of limitations allowing time to sue after removal of disability, 166 A.L.R. 960.   Proof of unadjudged incompetency which prevents running of statute of limitations, 9 A.L.R.2d 964.   Appointment of guardian for incompetent or for infant as affecting running of statute of limitations against ward, 86 A.L.R.2d 965.   Effect of infant's marriage after cause of action accrues on running of limitations as against him or her, 91 A.L.R.2d 1272.   Imprisonment of party to civil action as tolling statute of limitations, 77 A.L.R.3d 735.   Minority of surviving children as tolling limitation period in state wrongful death action, 85 A.L.R.3d 162.   Tolling of state statute of limitations in favor of one commencing action despite existing disability, 30 A.L.R.4th 1092.   Tolling of statute of limitation, on account of minority of injured child, as applicable to parent's or guardian's right of action arising out of same injury, 49 A.L.R.4th 216.   Wrongful death: surviving parent's minority as tolling limitation period on suit for child's wrongful death, 54 A.L.R.4th 362.   Medical malpractice statutes of limitation minority provisions, 62 A.L.R.4th 758, 71 A.L.R.5th 307.   Emotional or psychological "blocking" or repression as tolling running of statute of limitations, 11 A.L.R.5th 588.   Power of incompetent spouse's guardian or representative to sue for granting or vacation of divorce or annulment of marriage, or to make compromise or settlement in such suit, 32 A.L.R.5th 673.   Attorney malpractice - tolling or other exceptions to running of statute of limitations, 87 A.L.R.5th 473.   Effect of appointment of legal representative for person under mental disability on running of state statute of limitations against such person, 111 A.L.R.5th 159.   Effect of appointment of legal representative for minor on running of state statute of limitations against minor, 1 A.L.R.6th 407.   When is person, other than one claiming posttraumatic stress syndrome or memory repression, within coverage of statutory provision tolling running of limitations period on basis of mental disability, 23 A.L.R.6th 697.