First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0931.01 Jerry Barry x4341    HOUSE BILL 15-1272
                    HOUSE SPONSORSHIP
 Esgar, 
 
                   SENATE SPONSORSHIP
 Holbert, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a prohibition on the use of the doctrine of laches
            to bar a claim timely filed under the statute of
            limitations.
       
       
                           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.)
       
            The general assembly has enacted statutes of limitations within
       which the filing of civil actions or claims are considered timely filed.
       Courts have applied the doctrine of laches to bar a civil action or claim as
       untimely even though it was timely filed within the applicable statute of
       limitations. The bill specifies that a court may not apply the doctrine of
       laches to bar a claim that is timely filed within the applicable statute of
       limitation.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 13-80-120 as
       follows:
            13-80-120. Laches not a bar. Unless otherwise expressly
       authorized pursuant to another statute, a court shall not
       apply the doctrine of laches to bar a civil action or claim that
       is filed within the time limit governing the action or claim.
            SECTION 2.  Effective date - applicability. This act takes effect
       upon passage and applies to civil actions or claims filed on or after said
       date.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.