First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0589.01 Owen Hatch x2698
SENATE BILL 25-065
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING CLARIFYING THAT A PU BLIC ENTITY DOES NOT HAVE TO101
SATISFY ANY PORTION OF A CIVIL LIABILITY WHEN THE PEACE102
OFFICER IS CONVICTED FOR CONDUCT RELATED TO THE CIVIL103
CLAIM.104
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 clarifies that a public entity is not required to pay any
portion of the civil judgment or settlement if the peace officer's
underlying conduct resulted in the peace officer's criminal conviction,
SENATE SPONSORSHIP
Baisley,
HOUSE SPONSORSHIP
Richardson,
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. unless the public entity played a causal role in the violation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-21-131, amend2
(4)(a) as follows:3
13-21-131. Civil action for deprivation of rights.4
(4) (a) Notwithstanding any other provision of law, a peace officer's5
employer shall indemnify its peace officers for any liability incurred by6
the peace officer and for any judgment or settlement entered against the7
peace officer for claims arising pursuant to this section; except that, if the8
peace officer's employer determines on a case-by-case basis that the9
officer did not act upon a good faith and reasonable belief that the action10
was lawful, then the peace officer is personally liable and shall not be11
indemnified by the peace officer's employer for five percent of the12
judgment or settlement or twenty-five thousand dollars, whichever is less.13
Notwithstanding any provision of this section to the contrary, if the peace14
officer's portion of the judgment is uncollectible from the peace officer,15
the peace officer's employer or insurance shall satisfy the full amount of16
the judgment or settlement. N
OTWITHSTANDING ANY PROVISION OF THIS17
SECTION TO THE CONTRARY, a public entity does not have to indemnify a18
peace officer,
AND DOES NOT HAVE TO SATISFY ANY PORTION OF THE19
JUDGMENT OR SETTLEMENT , if the peace officer was convicted of a20
criminal violation for the conduct from which the claim arises unless the21
peace officer's employer was a causal factor in the violation, through its22
action or inaction.23
SECTION 2. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
SB25-065-2- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2026 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
SB25-065
-3-