DD32210F7390E7E9872586E0006E44C9 Hearing Summary

Representatives Michaelson Jenet and Soper, presented Senate Bill 21-088, concerning establishing a civil cause of action for sexual misconduct  Representative Michaelson Jenet explained the effect of the bill and discussed its need. Representative Soper provided additional details regarding the need for the bill, and addressed some potential issues concerning the bill's constitutionality. Representative Soper responded to questions regarding a fact pattern that might be invoked by the bill.

Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of SB 21-088.

Michael Nimmo, representing himself, testified in support of the bill.

Marci Hamilton, representing Child USA, testified in support of the bill.

Mr. Nimmo responded to questions regarding his clients' running up against the statute of limitations for childhood sexual abuse, and the elements of the cause of action in the bill. Professor Hamilton responded to questions regarding how certain costs will be covered by a settlement under the bill. Discussion ensued regarding the impact of statutes of limitation on the ability to file a tort claim, and the standard for exposure of organizations to liability for employee conduct.

Richard Collins, representing the Colorado Catholic Conference, testified in opposition to SB 21-088.

Mike Plachy, representing the Colorado Catholic Conference, testified on the bill from an "amend" position.

Professor Collins responded to questions regarding retroactivity for statutes of limitation surrounding child sexual abuse, and the due process issues associated with creating new liabilities for activities that were lawful at the time they were undertaken. Discussion ensued regarding the revival of claims by the bill.

Anne Marie Woodward, representing the American College of Obstetricians and Gynecologists, testified in support of SB 21-088.

Kenneth Power, representing himself, testified in support of the bill.

Ray Desser, representing himself, testified in support of the bill.

Kristian Roggendorf, representing himself, testified in support of the bill. Mr. Roggendorf responded to questions regarding certain jurisprudence.

Jill Brogdon, representing herself, testified in support of SB 21-088.

Randy Cady, representing himself, testified in support of the bill.

Ellen Giarratana, representing the Colorado Women's Bar Association, testified in support of the bill.

Glenn Gustafson, representing the Colorado Association of School Executives and Colorado Springs School District 11, testified on SB 21-088 from an "amend" position.

Michelle Murphy, representing the Colorado Rural Schools Alliance and the Colorado Association of School Boards, testified on the bill from an "amend" position.

Jenny Stith, representing WINGS, testified in support of SB 21-088.

Maralee McLean, representing the Colorado Coalition Against Sexual Assault, testified in support to the bill.

Jean McAllister, representing the Colorado Organization for Victim Assistance, testified in support of the bill.

Susan Leighnor, representing herself, testified in support of SB 21-088.

Paul Quinn, representing himself, testified in support of the bill.

Luke Schmaltz, representing himself, testified in support of the bill.

Jeb Barrett, representing Survivors Network of those Abused by Priests, testified in support of the bill.

Evie Hudak, representing Colorado PTA, testified in support of SB 21-088.

Meghan Augustine, representing herself, testified in support of the bill.

Mary-Katherine Fleming, representing herself, testified in support of the bill.

Representative Soper requested that SB 21-088 be laid over for work on amendments. The chair laid the bill over.