Colorado 2025 Regular Session

Colorado House Bill HB1254 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0623.01 Jerry Barry x4341
8	8	HOUSE BILL 25-1254
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE STATUTE OF LI MITATIONS FOR YOUTH GENDER101
14	14	TRANSITION PROCEDURES .102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill requires that causes of action for intentional or negligent
23	23	acts constituting youth gender transition procedures performed on a youth
24	24	under 26 years of age must be brought before the youth reaches 38 years
25	25	of age.
26	26	HOUSE SPONSORSHIP
27	27	DeGraaf, Bradley, Weinberg
28	28	SENATE SPONSORSHIP
29	29	(None),
30	30	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
31	31	Capital letters or bold & italic numbers indicate new material to be added to existing law.
32	32	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
33	33	SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as2
34	34	follows:3
35	35	13-80-104.5. Limitation of actions for youth gender transition4
36	36	procedures - severability - legislative declaration - definitions. (1) A
37	37	S5
38	38	USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
39	39	(a) "S
40	40	EX" MEANS THE BIOLOGICAL STATE OF BEING MALE OR7
41	41	FEMALE, BASED ON THE INDIVIDUAL'S SEX ORGANS, CHROMOSOMES, AND8
42	42	ENDOGENOUS HORMONE PROFILES .9
43	43	(b) (I) "Y
44	44	OUTH GENDER TRANSITION PROCEDURE " MEANS ANY OF10
45	45	THE FOLLOWING ACTS PERFORMED UPON AN INDIVIDUAL WHO WAS LESS11
46	46	THAN TWENTY-SIX YEARS OF AGE AT THE TIME THE ACT OCCURRED FOR12
47	47	THE PURPOSE OF ATTEMPTING TO ALTER THE APPEARANCE OF OR AFFIRM13
48	48	THE INDIVIDUAL'S PERCEPTION OF THEIR GENDER OR SEX , IF THAT14
49	49	APPEARANCE OR PERCEPTION IS INCONSISTENT WITH THE INDIVIDUAL 'S15
50	50	SEX:16
51	51	(A) P
52	52	RESCRIBING OR ADMINISTERING A MEDICATION ;17
53	53	(B) P
54	54	ERFORMING A SURGERY THAT STERILIZES , INCLUDING18
55	55	CASTRATION, VASECTOMY , HYSTERECTOMY , OOPHORECTOMY ,19
56	56	ORCHIECTOMY, AND PENECTOMY;20
57	57	(C) P
58	58	ERFORMING A SURGERY THAT ARTIFICIALLY CONSTRUCTS21
59	59	TISSUE WITH THE APPEARANCE OF GENITALIA THAT DIFFERS FROM THE22
60	60	INDIVIDUAL'S SEX, INCLUDING METOIDIOPLASTY , PHALLOPLASTY, AND23
61	61	VAGINOPLASTY; OR24
62	62	(D) R
63	63	EMOVING ANY HEALTHY OR NON -DISEASED BODY PART OR25
64	64	TISSUE, EXCEPT FOR A MALE CIRCUMCISION.26
65	65	(II) "Y
66	66	OUTH GENDER TRANSITION PROCEDURE " DOES NOT INCLUDE27
67	67	HB25-1254
68	68	-2- A PROCEDURE UNDERTAKEN TO TREAT AN INDIVIDUAL BORN WITH A1
69	69	MEDICALLY VERIFIABLE DISORDER OF SEX DEVELOPMENT , INCLUDING2
70	70	EITHER OF THE FOLLOWING:3
71	71	(A) A
72	72	N INDIVIDUAL BORN WITH EXTERNAL BIOLOGICAL SEX4
73	73	CHARACTERISTICS THAT ARE AMBIGUOUS , INCLUDING AN INDIVIDUAL5
74	74	BORN WITH 46,XX CHROMOSOMES WITH VIRILIZATION , AN INDIVIDUAL6
75	75	BORN WITH 46,XY CHROMOSOMES WITH UNDERVIRILIZATION , OR HAVING7
76	76	BOTH OVARIAN AND TESTICULAR TISSUE ; OR8
77	77	(B) A
78	78	N INDIVIDUAL WHOM A PHYSICIAN HAS OTHERWISE9
79	79	DIAGNOSED WITH A DISORDER OF SEXUAL DEVELOPMENT IN WHICH THE10
80	80	PHYSICIAN HAS DETERMINED , THROUGH GENETIC OR BIOCHEMICAL11
81	81	TESTING, THAT THE INDIVIDUAL DOES NOT HAVE NORMAL SEX12
82	82	CHROMOSOME STRUCTURE , SEX STEROID HORMONE PRODUCTION , OR SEX13
83	83	STEROID HORMONE ACTION .14
84	84	(2) (a) A
85	85	N ACTION BASED ON INTENTIONAL CONDUCT BROUGHT BY15
86	86	AN INDIVIDUAL FOR RECOVERY OF DAMAGES FOR INJURY SUFFERED AS THE16
87	87	RESULT OF A YOUTH GENDER TRANSITION PROCEDURE AGAINST THE17
88	88	INDIVIDUAL WHO COMMITTED THE ACT MUST BE COMMENCED BEFORE THE18
89	89	INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION19
90	90	PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES20
91	91	THIRTY-EIGHT YEARS OF AGE.21
92	92	(b) I
93	93	N AN ACTION FOR RECOVERY OF DAMAGES FOR LIABILITY22
94	94	AGAINST AN ENTITY THAT OWED A DUTY OF CARE TO THE INDIVIDUAL ,23
95	95	WHERE A WRONGFUL OR NEGLIGENT ACT BY AN EMPLOYEE , OFFICER,24
96	96	DIRECTOR, OFFICIAL, VOLUNTEER, REPRESENTATIVE, OR AGENT OF THE25
97	97	ENTITY WAS A LEGAL CAUSE OF THE YOUTH GENDER TRANSITION26
98	98	PROCEDURE THAT RESULTED IN THE INJURY TO THE INDIVIDUAL , THE27
99	99	HB25-1254
100	100	-3- ACTION MUST BE COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE1
101	101	SUBJECT OF THE YOUTH GENDER TRANSITION PROCEDURE THAT IS2
102	102	ALLEGED TO HAVE CAUSED THE INJURY REACHES THIRTY -EIGHT YEARS OF3
103	103	AGE.4
104	104	(3) T
105	105	HIS SECTION DOES NOT:5
106	106	(a) W
107	107	HOLLY OR PARTLY REPEAL , EITHER EXPRESSLY OR BY6
108	108	IMPLICATION, ANY OTHER STATUTE THAT REGULATES OR PROHIBITS YOUTH7
109	109	GENDER TRANSITION PROCEDURES ; OR8
110	110	(b) R
111	111	ESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR9
112	112	PROHIBITING YOUTH GENDER TRANSITION PROCEDURES IN A M ANNER THAT10
113	113	IS AT LEAST AS STRINGENT AS THE LAWS OF THIS STATE.11
114	114	(4) (a) E
115	115	VERY PROVISION, SECTION, SUBSECTION, SENTENCE,12
116	116	CLAUSE, PHRASE, OR WORD IN THIS SECTION, AND EVERY APPLICATION OF13
117	117	THE PROVISIONS IN THIS SECTION, IS SEVERABLE FROM EACH OTHER . IF14
118	118	ANY APPLICATION OF ANY PROVISION IN THIS SECTION TO ANY PERSON ,15
119	119	GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE16
120	120	INVALID, THE REMAINING APPLICATIONS OF THAT PROVISION TO ALL OTHER17
121	121	PERSONS AND CIRCUMSTANCES MUST BE SEVERED AND MAY NOT BE18
122	122	AFFECTED. ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS SECTION19
123	123	MUST BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE20
124	124	INVALID, LEAVING THE VALID APPLICATIONS IN FORCE, BECAUSE IT IS THE21
125	125	GENERAL ASSEMBLY 'S INTENT AND PRIORITY THAT THE VALID22
126	126	APPLICATIONS BE ALLOWED TO STAND ALONE .23
127	127	(b) T
128	128	HE GENERAL ASSEMBLY FURTHER DECLARES THAT IT WOULD24
129	129	HAVE PASSED THIS SECTION, AND EACH PROVISION, SECTION, SUBSECTION,25
130	130	SENTENCE, CLAUSE, PHRASE, OR WORD, AND ALL CONSTITUTIONAL26
131	131	APPLICATIONS OF THIS SECTION, IRRESPECTIVE OF THE FACT THAT ANY27
132	132	HB25-1254
133	133	-4- PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD,1
134	134	OR APPLICATIONS OF THIS SECTION , WERE TO BE DECLARED2
135	135	UNCONSTITUTIONAL. IF ANY PROVISION OF THIS SECTION IS FOUND BY ANY3
136	136	COURT TO BE UNCONSTITUTIONALLY VAGUE , THE APPLICATIONS OF THAT4
137	137	PROVISION THAT DO NOT PRESENT CONSTITUTIONAL VAGUENESS5
138	138	PROBLEMS MUST BE SEVERED AND REMAIN IN FORCE .6
139	139	SECTION 2. Act subject to petition - effective date -7
140	140	applicability. (1) This act takes effect September 1, 2025; except that,8
141	141	if a referendum petition is filed pursuant to section 1 (3) of article V of9
142	142	the state constitution against this act or an item, section, or part of this act10
143	143	within the ninety-day period after final adjournment of the general11
144	144	assembly, then the act, item, section, or part will not take effect unless12
145	145	approved by the people at the general election to be held in November13
146	146	2026 and, in such case, will take effect on the date of the official14
147	147	declaration of the vote thereon by the governor.15
148	148	(2) This act applies to claims that have not been barred as of the16
149	149	applicable effective date of this act.17
150	150	HB25-1254
151	151	-5-