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CO SB213

Bill

Status

Passed

6/3/2015

Primary Sponsor

Bill Cadman

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Origin

Senate

2015 Regular Session

AI Summary

  • Establishes the "Claire Davis School Safety Act" creating a limited waiver of governmental immunity for public school districts and charter schools for serious bodily injury or death caused by incidents of school violence.

  • Recognizes a statutory duty of reasonable care for school districts, charter schools, and their employees to protect students, faculty, and staff from foreseeable harm caused by other persons while on school property or at school-sponsored events.

  • Allows recovery of capped damages under Section 24-10-114(1) for breaches of the duty of care, but only if negligence is proven; absolute or strict liability does not apply.

  • For incidents occurring between the effective date and July 1, 2017, plaintiffs may file in district court with full discovery rights but cannot recover compensatory damages and courts cannot issue declaratory judgments on negligence.

  • Extends the offer of judgment acceptance period to 14 days after discovery completion to promote vigorous discovery of events leading to school violence incidents.

Legislative Description

Waive Gov Immunity For Acts Of School Violence

Last Action

Governor Signed

6/3/2015

Committee Referrals

Committee of the Whole4/30/2015
Judiciary4/27/2015
Committee of the Whole4/13/2015
Judiciary3/13/2015

Full Bill Text

No bill text available