FBBDD16CD0500BE5872582820068FCD3 Hearing Summary

Senator Gardner, bill sponsor, presented House Bill 18-1385.  Under this bill, any civil action to recover damages caused by an act of domestic violence must be commenced within six years after a disability has been removed for a person under disability or within six years after a cause of action accrues, whichever is later.  "Person under disability" is defined in the bill as any person who has a behavioral or mental health disorder, an intellectual and disability developmental disability, or a traumatic brain injury and is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis for the civil action.  A person under disability has the burden of proving that the act of domestic violence is the basis of the civil action and he or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.  A plaintiff that is the victim of a series of domestic violence offenses does not need to establish which act of a series caused the plaintiff's injury and the statute of limitations in this bill commences with the last in the series of acts.

Senator Gardner responded to questions.

Pam Maas, representing herself, testified in support of the bill.

Lila Sol, representing herself, testified in support of the bill.

Jennifer Anderson, Colorado Attorney General's Office, testified in support of the bill.

Ashley Chase, Colorado Women's Bar Association, testified in support of the bill.

Lydia Waligorski, Colorado Coalition Against Domestic Violence, testified in support of the bill.  A handout was distributed [Attachment C].

The witnesses responded to questions.

Senator Gardner made closing comments.