Colorado 2024 2024 Regular Session

Colorado Senate Bill SCR001 Introduced / Bill

Filed 01/31/2024

                    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-