The bill creates a statutory cause of action for a victim of sexual misconduct when the victim was a minor against the actor who committed the sexual misconduct and against an organization that operates or manages a
youth youth-related activity or program if the sexual misconduct occurred while the victim was participating in a youth youth-related activity or program.
The victim may bring the claim against the organization if the organization knew or should have known of a risk of sexual misconduct against minors participating in the program and the organization did not take action to address the risks or warn participants of the risk. The victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.
The cause of action applies retroactively and is available to a victim of sexual misconduct that occurred before, on, or after January 1, 2022. A person may not , prior to an incident of sexual misconduct, waive the right to bring a civil action, and any purported pre-incident waiver is void as against public policy.
A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct.
A victim may be awarded treble damages under certain circumstances. Any pre-judgment interest on the claim does not begin to accrue until the claim is filed. The limitations on damages set forth in the Colorado Governmental Immunity Act do not apply to the claims against public employees or public entities.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)