Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0221.01 Jerry Barry x4341    HOUSE BILL 14-1153
                    HOUSE SPONSORSHIP
 Priola,  Holbert, Humphrey, Saine, Swalm, Szabo
 
                   SENATE SPONSORSHIP
 Tochtrop, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning attorney fees when an action is dismissed prior
            to trial.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            In any tort action filed as a result of death or injury to person or
       property, current law requires a court to award a defendant attorney fees
       if the case is dismissed on a motion to dismiss under Rule 12 (b) of the
       Colorado rules of civil procedure. The bill extends the requirement to pay
       attorney fees to all civil actions.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, amend 13-17-201 as
       follows:
            13-17-201.  Award of reasonable attorney fees in certain
       cases.  In all civil actions brought as a result of a death or an injury to
       person or property occasioned by the tort of any other person, where any
       such action is dismissed on motion of the defendant prior to trial under
       rule 12 (b) of the Colorado rules of civil procedure, the court shall
       award such defendant shall have judgment for his the defendant's
       reasonable attorney fees in defending the action. This section shall does
       not apply if a motion under rule 12 (b) of the Colorado rules of civil
       procedure is treated as a motion for summary judgment and disposed of
       as provided in rule 56 of the Colorado rules of civil procedure.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 6, 2014, if adjournment sine die is on May 7,
       2014); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to all civil actions filed on or after the
       applicable effective date of this act.