HB 20-1296

  • Colorado House Bill
  • 2020 Regular Session
  • Introduced in House Jun 09, 2020
  • Passed House May 27, 2020
  • Senate
  • Governor

Civil Action Statute Of Limitations Sexual Assault

Abstract

Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The bill defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the bill applies to a cause of action that accrues on or after January 1, 2021, or a cause of action accruing prior to January 1, 2021, so long as the applicable statute of limitations has not yet run as of January 1, 2021. The bill removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries. Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The bill eliminates this restriction. Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The bill eliminates this restriction. Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitation for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The bill removes this exemption. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Sponsors (4)

Votes


May 27, 2020

Actions


Jun 12, 2020

Senate

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

State, Veterans, & Military Affairs

Jun 09, 2020

Senate

Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  • Introduction
State, Veterans, & Military Affairs

May 27, 2020

House

House Third Reading Passed - No Amendments

May 26, 2020

House

House Second Reading Special Order - Passed with Amendments - Floor

Mar 14, 2020

House

House Second Reading Laid Over to 03/30/2020 - No Amendments

Mar 11, 2020

House

House Second Reading Laid Over Daily - No Amendments

Mar 10, 2020

House

House Second Reading Laid Over to 03/11/2020 - No Amendments

Mar 05, 2020

House

House Committee on Judiciary Refer Unamended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Judiciary House Committee of the Whole

Feb 12, 2020

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Reengrossed (05/27/2020) PDF
Engrossed (05/26/2020) PDF
Introduced (02/12/2020) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note FN1 (02/26/2020) PDF
Fiscal Note FN2 (07/20/2020) PDF

Sources

Data on Open States is updated nightly from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.