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CO HB1398

Bill

Status

Passed

5/30/2018

Primary Sponsor

Matt Gray

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Establishes a six-year statute of limitations for civil actions to recover damages from domestic violence, beginning when a disability is removed or when the cause of action accrues, whichever is later.

  • Defines "person under disability" as anyone with a behavioral or mental health disorder, intellectual and developmental disability, or traumatic brain injury who is psychologically or emotionally unable to acknowledge the act of domestic violence and resulting harm.

  • Allows plaintiffs in cases involving a series of domestic violence acts to recover without identifying which specific act caused the injury, with the statute of limitations commencing from the last act in the series.

  • Sets a maximum 20-year limitation period after the cause of action accrues, regardless of disability status.

  • Requires persons under disability to prove both that the domestic violence act occurred and that they were psychologically or emotionally unable to acknowledge the violence and harm.

Legislative Description

Statute Of Limitations Domestic Violence Torts

Last Action

Governor Signed

5/30/2018

Committee Referrals

Finance4/30/2018
Judiciary4/18/2018

Full Bill Text

No bill text available