Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R24-0072.01 Conrad Imel x2313 SCR24-001 Senate Committees House Committees Judiciary SENATE CONCURRENT RESOLUTION 24-001 S UBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF101 C OLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION102 CONCERNING ALLOWING COLORADO LAWMAKERS TO PASS103 LAWS THAT PERMIT VICTIMS OF CHILDHOOD SEXUAL ABUSE TO104 BRING A CIVIL CLAIM FOR THE SEXUAL ABUSE REGARDLESS OF105 WHEN THE SEXUAL ABUSE OCCURRED .106 Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://leg.colorado.gov/ .) The Colorado constitution prohibits the general assembly from SENATE SPONSORSHIP Danielson and Fields, Baisley, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Rodriguez, Sullivan, Winter F. HOUSE SPONSORSHIP Duran and Weissman, deGruy Kennedy Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. enacting law that is retrospective in its operation. The concurrent resolution amends the Colorado constitution to authorize the general assembly to pass a retrospective law that permits a victim of sexual abuse that occurred while the victim was a minor to bring a civil claim for the sexual abuse. The concurrent resolution permits the general assembly to waive governmental immunity, by a law that is retrospective in its operation, for a child sexual abuse civil claim. Be It Resolved by the Senate of the Seventy-fourth General1 Assembly of the State of Colorado, the House of Representatives2 concurring herein:3 SECTION 1. At the election held on November 5, 2024, the4 secretary of state shall submit to the registered electors of the state the5 ballot title set forth in section 2 for the following amendment to the state6 constitution:7 In the constitution of the state of Colorado, amend section 11 of8 article II as follows:9 Section 11. Ex post facto laws. (1) No ex post facto law, nor law10 impairing the obligation of contracts, or retrospective in its operation, or11 making any irrevocable grant of special privileges, franchises or12 immunities, shall be passed by the general assembly, EXCEPT AS13 PROVIDED IN SUBSECTION (2) OF THIS SECTION.14 (2) N OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE15 GENERAL ASSEMBLY MAY PASS A LAW THAT IS RETROSPECTIVE IN ITS16 OPERATION THAT PERMITS A VICTIM OF SEXUAL ABUSE THAT OCCURRED17 WHILE THE VICTIM WAS A MINOR TO BRING A CIVIL CLAIM FOR THE SEXUAL18 ABUSE. THE GENERAL ASSEMBLY MAY WAIVE , BY A LAW THAT IS19 RETROSPECTIVE IN ITS OPERATION , GOVERNMENTAL IMMUNITY FOR A20 CHILD SEXUAL ABUSE CIVIL CLAIM.21 SECTION 2. Each elector voting at the election may cast a vote22 SCR24-001-2- either "Yes/For" or "No/Against" on the following ballot title: "Shall1 there be an amendment to the Colorado constitution allowing Colorado2 lawmakers to pass laws that permit victims of childhood sexual abuse to3 bring a civil claim for the sexual abuse regardless of when the sexual4 abuse occurred?"5 SECTION 3. Except as otherwise provided in section 1-40-123,6 Colorado Revised Statutes, if a majority of the electors voting on the7 ballot title vote "Yes/For", then the amendment will become part of the8 state constitution.9 SCR24-001 -3-