SB 21-088

  • Colorado Senate Bill
  • 2021 Regular Session
  • Introduced in Senate May 17, 2021
  • Passed Senate May 13, 2021
  • Passed House Jun 08, 2021
  • Signed by Governor Jul 06, 2021

Child Sexual Abuse Accountability Act

Abstract

The act creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. The victim may bring a civil claim against the actor who committed the sexual misconduct and against an organization that operates or manages a youth-related activity or program (youth program) if the organization knew or should have known of a risk of sexual misconduct against minors and the sexual misconduct occurred while the victim was participating in a youth program managed by the organization. The act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.The cause of action is available to a victim of sexual misconduct that occurred on or after January 1, 1960. A person who was the victim of sexual misconduct that occurred between January 1, 1960, and January 1, 2022, must commence an action before January 1, 2025. There is no limitation on the time to bring a claim for sexual misconduct that occurs on or after January 1, 2022. A person may not, prior to an incident of sexual misconduct, waive the right to bring a civil action; any purported pre-incident waiver is void as against public policy.A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. Any pre-judgment interest on the claim does not begin to accrue until the claim is filed.The maximum amount that may be recovered for a claim against a public employee or public entity is the limitation on damages set forth in the "Colorado Governmental Immunity Act". For all other claims, the maximum amount recoverable is $500,000; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person that the defendant knew or should have known posed a risk of sexual misconduct against a minor and the court finds that the application of the limitation would be unfair, the court may increase the award to up a maximum of $1,000,000.The act appropriates $1,198,355 from the general fund to the department of personnel for risk management and reappropriates $1,137,838 of that appropriation and provides 5.9 FTE to the department of law to provide legal services.(Note: This summary applies to this bill as enacted.)

Bill Sponsors (4)

Votes


Actions


Jul 06, 2021

Office of the Governor

Governor Signed

Jun 22, 2021

Office of the Governor

Sent to the Governor

House

Signed by the Speaker of the House

Senate

Signed by the President of the Senate

Jun 08, 2021

Senate

Senate Considered House Amendments - Result was to Concur - Repass

House

House Third Reading Passed - No Amendments

Jun 07, 2021

House

House Second Reading Special Order - Passed with Amendments - Committee, Floor

Jun 04, 2021

House

House Second Reading Special Order - Laid Over Daily - No Amendments

House

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

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

Jun 03, 2021

House

House Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Jun 02, 2021

House

House Committee on Judiciary Lay Over Amended

Judiciary

May 25, 2021

House

House Committee on Judiciary Witness Testimony and/or Committee Discussion Only

Judiciary

May 17, 2021

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

May 13, 2021

Senate

Senate Third Reading Passed - No Amendments

May 12, 2021

Senate

Senate Second Reading Passed with Amendments - Committee, Floor

May 11, 2021

Senate

Senate Second Reading Laid Over Daily - No Amendments

May 07, 2021

Senate

Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Senate Committee of the Whole Appropriations

Mar 11, 2021

Senate

Senate Committee on Judiciary Refer Amended to Appropriations

  • Referral-Committee
Appropriations Judiciary

Feb 16, 2021

Senate

Introduced In Senate - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (07/06/2021) PDF
Final Act (06/22/2021) PDF
Rerevised (06/08/2021) PDF
Revised (06/07/2021) PDF
Reengrossed (05/13/2021) PDF
Engrossed (05/12/2021) PDF
Introduced (02/16/2021) PDF
PA3 (06/04/2021) PDF
PA2 (05/07/2021) PDF
PA1 (03/12/2021) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (05/06/2021) PDF
Fiscal Note SA2 (06/04/2021) PDF
Fiscal Note FN2 (04/06/2021) PDF
Fiscal Note FN1 (04/06/2021) PDF
Fiscal Note FN3 (04/16/2021) PDF
Fiscal Note FN4 (05/21/2021) PDF
Fiscal Note FN5 (06/04/2021) PDF
Fiscal Note FN6 (08/23/2021) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

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