SB 21-073 CO

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Became Law

Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The act defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the act applies to a cause of action that accrues on or after January 1, 2022, or a cause of action accruing prior to January 1, 2022, so long as the applicable statute of limitations has not yet run as of January 1, 2022.The act removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.The act repeals the limited waiver of the doctor- or psychologist-patient privilege for claims brought by a person under disability.Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The act repeals this limitation.Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The act eliminates this restriction.Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitations for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The act removes this exemption.(Note: This summary applies to this bill as enacted.)

• Jessie Danielson Democratic · primary
• Don Coram · primary
• Dafna Michaelson Jenet · primary
• Matt Soper Republican · primary

1. Apr 15, 2021 Governor Signed · executive
2. Apr 8, 2021 Sent to the Governor · executive
3. Apr 7, 2021 Signed by the Speaker of the House · lower
4. Apr 7, 2021 Signed by the President of the Senate · upper
5. Mar 30, 2021 Senate Considered House Amendments - Result was to Concur - Repass · upper
6. Mar 29, 2021 House Third Reading Passed - No Amendments · lower
7. Mar 26, 2021 House Second Reading Passed with Amendments - Committee · lower
8. Mar 23, 2021 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
9. Mar 4, 2021 Introduced In House - Assigned to Judiciary · lower
10. Mar 2, 2021 Senate Third Reading Passed - No Amendments · upper
11. Mar 1, 2021 Senate Second Reading Passed - No Amendments · upper
12. Feb 24, 2021 Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole · upper
13. Feb 16, 2021 Introduced In Senate - Assigned to Health & Human Services · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (04/15/2021) · PDF
• Final Act (04/07/2021) · PDF
• Rerevised (03/29/2021) · PDF
• Revised (03/26/2021) · PDF
• Reengrossed (03/02/2021) · PDF
• Engrossed (03/01/2021) · PDF
• Introduced (02/16/2021) · PDF
• PA1 (03/24/2021) · PDF
• Committee Amendment · PDF