SB21-088 Summary

• Establishes a new civil cause of action allowing victims of child sexual abuse to sue perpetrators and managing organizations that knew or should have known of the risk, regardless of when the abuse occurred

• Creates an extended statute of limitations: no time limit for abuse occurring on or after January 1, 2022; claims for abuse occurring between January 1, 1960 and January 1, 2022 must be filed by January 1, 2025

• Caps non-public defendant damages at $500,000, or up to $1 million if the defendant failed to take remedial action against a known risk; public entity damages follow Section 24-10-114 limits

• Applies to sexual misconduct occurring during youth-related activities or programs, defined broadly to include schools, religious organizations, sports programs, and other youth-serving entities

• Waives governmental immunity for public entities and employees regarding child sexual abuse claims; eliminates notice requirements and bars contribution or indemnity for willful or wanton conduct by public employees

• Appropriates $1,198,355 for implementation by the Department of Personnel and Department of Law; effective January 1, 2022