Colorado Legislative Council Staff
NO FISCAL IMPACT
February 23, 1998
Susan Colling (866-4784)
TITLE: CONCERNING THE PROTECTION OF CRIME VICTIMS FROM CIVIL ACTIONS.
Summary of Assessment
This bill amends the statute that states a person, estate, or personal representative does not have a right to recover damages in a civil action for injuries or death sustained while committing a felony or fleeing from a felony. The bill allows the court to dismiss the civil action and award attorney fees and costs when the crime victim is acquitted or found not guilty of criminal charges.
The bill also provides that the issue of whether a person suing a crime victim committed a felony shall be submitted to the jury in those cases where the crime victim has not been acquitted or found guilty of criminal charges and the case is either a wrongful death action or the person seeking civil damages has not been convicted of a felony or not adjudicated a delinquent.
The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.
The bill is assessed as having no fiscal impact on state revenue or expenditures.
Department of Law
Department of Personnel