First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0623.01 Jerry Barry x4341
HOUSE BILL 25-1254
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE STATUTE OF LI MITATIONS FOR YOUTH GENDER101
TRANSITION PROCEDURES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires that causes of action for intentional or negligent
acts constituting youth gender transition procedures performed on a youth
under 26 years of age must be brought before the youth reaches 38 years
of age.
HOUSE SPONSORSHIP
DeGraaf, Bradley, Weinberg
SENATE SPONSORSHIP
(None),
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. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as2
follows:3
13-80-104.5. Limitation of actions for youth gender transition4
procedures - severability - legislative declaration - definitions. (1) A
S5
USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
(a) "S
EX" MEANS THE BIOLOGICAL STATE OF BEING MALE OR7
FEMALE, BASED ON THE INDIVIDUAL'S SEX ORGANS, CHROMOSOMES, AND8
ENDOGENOUS HORMONE PROFILES .9
(b) (I) "Y
OUTH GENDER TRANSITION PROCEDURE " MEANS ANY OF10
THE FOLLOWING ACTS PERFORMED UPON AN INDIVIDUAL WHO WAS LESS11
THAN TWENTY-SIX YEARS OF AGE AT THE TIME THE ACT OCCURRED FOR12
THE PURPOSE OF ATTEMPTING TO ALTER THE APPEARANCE OF OR AFFIRM13
THE INDIVIDUAL'S PERCEPTION OF THEIR GENDER OR SEX , IF THAT14
APPEARANCE OR PERCEPTION IS INCONSISTENT WITH THE INDIVIDUAL 'S15
SEX:16
(A) P
RESCRIBING OR ADMINISTERING A MEDICATION ;17
(B) P
ERFORMING A SURGERY THAT STERILIZES , INCLUDING18
CASTRATION, VASECTOMY , HYSTERECTOMY , OOPHORECTOMY ,19
ORCHIECTOMY, AND PENECTOMY;20
(C) P
ERFORMING A SURGERY THAT ARTIFICIALLY CONSTRUCTS21
TISSUE WITH THE APPEARANCE OF GENITALIA THAT DIFFERS FROM THE22
INDIVIDUAL'S SEX, INCLUDING METOIDIOPLASTY , PHALLOPLASTY, AND23
VAGINOPLASTY; OR24
(D) R
EMOVING ANY HEALTHY OR NON -DISEASED BODY PART OR25
TISSUE, EXCEPT FOR A MALE CIRCUMCISION.26
(II) "Y
OUTH GENDER TRANSITION PROCEDURE " DOES NOT INCLUDE27
HB25-1254
-2- A PROCEDURE UNDERTAKEN TO TREAT AN INDIVIDUAL BORN WITH A1
MEDICALLY VERIFIABLE DISORDER OF SEX DEVELOPMENT , INCLUDING2
EITHER OF THE FOLLOWING:3
(A) A
N INDIVIDUAL BORN WITH EXTERNAL BIOLOGICAL SEX4
CHARACTERISTICS THAT ARE AMBIGUOUS , INCLUDING AN INDIVIDUAL5
BORN WITH 46,XX CHROMOSOMES WITH VIRILIZATION , AN INDIVIDUAL6
BORN WITH 46,XY CHROMOSOMES WITH UNDERVIRILIZATION , OR HAVING7
BOTH OVARIAN AND TESTICULAR TISSUE ; OR8
(B) A
N INDIVIDUAL WHOM A PHYSICIAN HAS OTHERWISE9
DIAGNOSED WITH A DISORDER OF SEXUAL DEVELOPMENT IN WHICH THE10
PHYSICIAN HAS DETERMINED , THROUGH GENETIC OR BIOCHEMICAL11
TESTING, THAT THE INDIVIDUAL DOES NOT HAVE NORMAL SEX12
CHROMOSOME STRUCTURE , SEX STEROID HORMONE PRODUCTION , OR SEX13
STEROID HORMONE ACTION .14
(2) (a) A
N ACTION BASED ON INTENTIONAL CONDUCT BROUGHT BY15
AN INDIVIDUAL FOR RECOVERY OF DAMAGES FOR INJURY SUFFERED AS THE16
RESULT OF A YOUTH GENDER TRANSITION PROCEDURE AGAINST THE17
INDIVIDUAL WHO COMMITTED THE ACT MUST BE COMMENCED BEFORE THE18
INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION19
PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES20
THIRTY-EIGHT YEARS OF AGE.21
(b) I
N AN ACTION FOR RECOVERY OF DAMAGES FOR LIABILITY22
AGAINST AN ENTITY THAT OWED A DUTY OF CARE TO THE INDIVIDUAL ,23
WHERE A WRONGFUL OR NEGLIGENT ACT BY AN EMPLOYEE , OFFICER,24
DIRECTOR, OFFICIAL, VOLUNTEER, REPRESENTATIVE, OR AGENT OF THE25
ENTITY WAS A LEGAL CAUSE OF THE YOUTH GENDER TRANSITION26
PROCEDURE THAT RESULTED IN THE INJURY TO THE INDIVIDUAL , THE27
HB25-1254
-3- ACTION MUST BE COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE1
SUBJECT OF THE YOUTH GENDER TRANSITION PROCEDURE THAT IS2
ALLEGED TO HAVE CAUSED THE INJURY REACHES THIRTY -EIGHT YEARS OF3
AGE.4
(3) T
HIS SECTION DOES NOT:5
(a) W
HOLLY OR PARTLY REPEAL , EITHER EXPRESSLY OR BY6
IMPLICATION, ANY OTHER STATUTE THAT REGULATES OR PROHIBITS YOUTH7
GENDER TRANSITION PROCEDURES ; OR8
(b) R
ESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR9
PROHIBITING YOUTH GENDER TRANSITION PROCEDURES IN A M ANNER THAT10
IS AT LEAST AS STRINGENT AS THE LAWS OF THIS STATE.11
(4) (a) E
VERY PROVISION, SECTION, SUBSECTION, SENTENCE,12
CLAUSE, PHRASE, OR WORD IN THIS SECTION, AND EVERY APPLICATION OF13
THE PROVISIONS IN THIS SECTION, IS SEVERABLE FROM EACH OTHER . IF14
ANY APPLICATION OF ANY PROVISION IN THIS SECTION TO ANY PERSON ,15
GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE16
INVALID, THE REMAINING APPLICATIONS OF THAT PROVISION TO ALL OTHER17
PERSONS AND CIRCUMSTANCES MUST BE SEVERED AND MAY NOT BE18
AFFECTED. ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS SECTION19
MUST BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE20
INVALID, LEAVING THE VALID APPLICATIONS IN FORCE, BECAUSE IT IS THE21
GENERAL ASSEMBLY 'S INTENT AND PRIORITY THAT THE VALID22
APPLICATIONS BE ALLOWED TO STAND ALONE .23
(b) T
HE GENERAL ASSEMBLY FURTHER DECLARES THAT IT WOULD24
HAVE PASSED THIS SECTION, AND EACH PROVISION, SECTION, SUBSECTION,25
SENTENCE, CLAUSE, PHRASE, OR WORD, AND ALL CONSTITUTIONAL26
APPLICATIONS OF THIS SECTION, IRRESPECTIVE OF THE FACT THAT ANY27
HB25-1254
-4- PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD,1
OR APPLICATIONS OF THIS SECTION , WERE TO BE DECLARED2
UNCONSTITUTIONAL. IF ANY PROVISION OF THIS SECTION IS FOUND BY ANY3
COURT TO BE UNCONSTITUTIONALLY VAGUE , THE APPLICATIONS OF THAT4
PROVISION THAT DO NOT PRESENT CONSTITUTIONAL VAGUENESS5
PROBLEMS MUST BE SEVERED AND REMAIN IN FORCE .6
SECTION 2. Act subject to petition - effective date -7
applicability. (1) This act takes effect September 1, 2025; except that,8
if a referendum petition is filed pursuant to section 1 (3) of article V of9
the state constitution against this act or an item, section, or part of this act10
within the ninety-day period after final adjournment of the general11
assembly, then the act, item, section, or part will not take effect unless12
approved by the people at the general election to be held in November13
2026 and, in such case, will take effect on the date of the official14
declaration of the vote thereon by the governor.15
(2) This act applies to claims that have not been barred as of the16
applicable effective date of this act.17
HB25-1254
-5-