Colorado 2025 Regular Session

Colorado Senate Bill SB065 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. 25-0589.01 Owen Hatch x2698
8	8	SENATE BILL 25-065
9	9	Senate Committees House Committees
10	10	State, Veterans, & Military Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CLARIFYING THAT A PU BLIC ENTITY DOES NOT HAVE TO101
14	14	SATISFY ANY PORTION OF A CIVIL LIABILITY WHEN THE PEACE102
15	15	OFFICER IS CONVICTED FOR CONDUCT RELATED TO THE CIVIL103
16	16	CLAIM.104
17	17	Bill Summary
18	18	(Note: This summary applies to this bill as introduced and does
19	19	not reflect any amendments that may be subsequently adopted. If this bill
20	20	passes third reading in the house of introduction, a bill summary that
21	21	applies to the reengrossed version of this bill will be available at
22	22	http://leg.colorado.gov
23	23	.)
24	24	The bill clarifies that a public entity is not required to pay any
25	25	portion of the civil judgment or settlement if the peace officer's
26	26	underlying conduct resulted in the peace officer's criminal conviction,
27	27	SENATE SPONSORSHIP
28	28	Baisley,
29	29	HOUSE SPONSORSHIP
30	30	Richardson,
31	31	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
32	32	Capital letters or bold & italic numbers indicate new material to be added to existing law.
33	33	Dashes through the words or numbers indicate deletions from existing law. unless the public entity played a causal role in the violation.
34	34	Be it enacted by the General Assembly of the State of Colorado:1
35	35	SECTION 1. In Colorado Revised Statutes, 13-21-131, amend2
36	36	(4)(a) as follows:3
37	37	13-21-131. Civil action for deprivation of rights.4
38	38	(4) (a) Notwithstanding any other provision of law, a peace officer's5
39	39	employer shall indemnify its peace officers for any liability incurred by6
40	40	the peace officer and for any judgment or settlement entered against the7
41	41	peace officer for claims arising pursuant to this section; except that, if the8
42	42	peace officer's employer determines on a case-by-case basis that the9
43	43	officer did not act upon a good faith and reasonable belief that the action10
44	44	was lawful, then the peace officer is personally liable and shall not be11
45	45	indemnified by the peace officer's employer for five percent of the12
46	46	judgment or settlement or twenty-five thousand dollars, whichever is less.13
47	47	Notwithstanding any provision of this section to the contrary, if the peace14
48	48	officer's portion of the judgment is uncollectible from the peace officer,15
49	49	the peace officer's employer or insurance shall satisfy the full amount of16
50	50	the judgment or settlement. N
51	51	OTWITHSTANDING ANY PROVISION OF THIS17
52	52	SECTION TO THE CONTRARY, a public entity does not have to indemnify a18
53	53	peace officer,
54	54	AND DOES NOT HAVE TO SATISFY ANY PORTION OF THE19
55	55	JUDGMENT OR SETTLEMENT , if the peace officer was convicted of a20
56	56	criminal violation for the conduct from which the claim arises unless the21
57	57	peace officer's employer was a causal factor in the violation, through its22
58	58	action or inaction.23
59	59	SECTION 2. Act subject to petition - effective date. This act24
60	60	takes effect at 12:01 a.m. on the day following the expiration of the25
61	61	SB25-065-2- ninety-day period after final adjournment of the general assembly; except1
62	62	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
63	63	of the state constitution against this act or an item, section, or part of this3
64	64	act within such period, then the act, item, section, or part will not take4
65	65	effect unless approved by the people at the general election to be held in5
66	66	November 2026 and, in such case, will take effect on the date of the6
67	67	official declaration of the vote thereon by the governor.7
68	68	SB25-065
69	69	-3-