HOUSE BILL 981376
BY REPRESENTATIVES Agler, Adkins, Dean, Salaz, Young, Allen, Epps, Lawrence, McElhany, McPherson, Nichol, Spradley, Sullivant, Tool, and Tucker;
also SENATORS Dennis, Arnold, Congrove, and Tebedo.
CONCERNING THE PROTECTION OF CRIME VICTIMS FROM CIVIL
ACTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1380119,
Colorado Revised Statutes, is amended to read:
1380119. Damages sustained
during commission of a felonious act or in flight from the commission
of a felonious act. (1) No
person, his OR HER estate, or his OR HER personal representative
shall have a right to recover damages sustained during the commission
of or during immediate flight from an act which
THAT is defined by any law of this state or the United States
to be a felony, if the conditions stipulated in this section apply.
(2) (a) The court shall dismiss the
action FOR DAMAGES and award attorney fees and costs to the person
against whom the action was brought if the person bringing the
action, on whose behalf an action has been brought, or in the
case of a wrongful death action, the decedent, has been convicted
of the felony or has been adjudicated a delinquent as a result
of the commission of the act, unless the damage was caused by
the willful and deliberate act of another person; except that
such exception shall not apply if the person who caused the injuries
acted:
(I) Under a reasonable belief that physical
force was reasonable and appropriate to prevent injury to himself
OR HERSELF or to others, using a degree of force which
THAT he OR SHE reasonably believed necessary for that purpose;
or
(II) Under a reasonable belief that physical
force was reasonable and appropriate to prevent the commission
of a felony, using a degree of force which
THAT he OR SHE reasonably believed necessary for that purpose;
or
(III) As a peace officer, as such person
is defined in section 181901 (3) (l) (I), (3) (l)
(II), and (3) (l) (IV.5), C.R.S., acting within the scope of the
officer's employment and acting pursuant to section 181707,
C.R.S.
(a.5) THE COURT SHALL DISMISS THE ACTION
FOR DAMAGES AND AWARD ATTORNEY FEES AND COSTS TO THE PERSON AGAINST
WHOM THE ACTION WAS BROUGHT IF THE PERSON AGAINST WHOM THE ACTION
WAS BROUGHT IS FOUND NOT GUILTY OF CRIMINAL CHARGES FOR CAUSING
THE INJURIES SUSTAINED BY THE PERSON WHO COMMITTED THE FELONY
OR ACT THAT IS DEFINED AS A FELONY, OR IN THE CASE OF A WRONGFUL
DEATH ACTION FOR CAUSING THE DECEDENT'S DEATH, AS A RESULT OF
THE COMMISSION OF THE ACT, UNLESS THE DAMAGE WAS CAUSED BY THE
WILLFUL AND DELIBERATE ACT OF ANOTHER PERSON; EXCEPT THAT SUCH
EXCEPTION SHALL NOT APPLY IF THE PERSON WHO CAUSED THE INJURIES
ACTED:
(I) UNDER A REASONABLE BELIEF THAT PHYSICAL
FORCE WAS REASONABLE AND APPROPRIATE TO PREVENT INJURY TO HIMSELF
OR HERSELF OR TO OTHERS, USING A DEGREE OF FORCE THAT HE OR SHE
REASONABLY BELIEVED NECESSARY FOR THAT PURPOSE; OR
(II) UNDER A REASONABLE BELIEF THAT PHYSICAL
FORCE WAS REASONABLE AND APPROPRIATE TO PREVENT THE COMMISSION
OF A FELONY, USING A DEGREE OF FORCE THAT HE OR SHE REASONABLY
BELIEVED NECESSARY FOR THAT PURPOSE; OR
(III) AS A PEACE OFFICER, AS SUCH PERSON
IS DEFINED IN SECTION 181901 (3) (l) (I), (3) (l)
(II), AND (3) (l) (IV.5), C.R.S., ACTING WITHIN THE SCOPE OF THE
OFFICER'S EMPLOYMENT AND ACTING PURSUANT TO SECTION 181707,
C.R.S.
(a.6) FOR PURPOSES OF PARAGRAPH (a.5)
OF THIS SUBSECTION (2), A FINDING OF NOT GUILTY OF CRIMINAL CHARGES
DOES NOT INCLUDE A FINDING OF NOT GUILTY BY REASON OF INSANITY
OR A FINDING OF NOT GUILTY BY REASON OF IMPAIRED MENTAL CONDITION.
(b) IF PARAGRAPH (a.5) OF THIS SUBSECTION
(2) DOES NOT APPLY AND if the person bringing the action FOR DAMAGES
OR on whose behalf an action has been brought or
in the case of a wrongful death action, the decedent,
is not convicted of a felony or adjudicated a delinquent as a
result of the commission of the act OR IN THE CASE OF A WRONGFUL
DEATH ACTION, the court shall submit to the jury HEARING THE DAMAGES
CLAIM the issue of whether or not, by a preponderance of the evidence,
the person committed an act which
THAT is defined by any law of this state or the United States
to be a felony. The court shall dismiss the action and award
attorney fees and costs to the person against whom the action
was brought if the court or jury determines that the damage was
sustained during the commission of or during immediate flight
from an act which
THAT is defined by any law of this state or the United States
to be a felony, unless the damage was caused by the willful and
deliberate act of another person; except that such exception shall
not apply if the person who caused the injury acted:
(I) Under a reasonable belief that physical
force was reasonable and appropriate to prevent injury to himself
OR HERSELF or to others, using a degree of force which
THAT he OR SHE reasonably believed necessary for that purpose;
or
(II) Under a reasonable belief that physical
force was reasonable and appropriate to prevent the commission
of a felony, using a degree of force which
THAT he OR SHE reasonably believed necessary for that purpose;
or
(III) As a peace officer, as such person
is defined in section 181901 (3) (l) (I), (3) (l)
(II), and (3) (l) (IV.5), C.R.S., acting within the scope of the
officer's employment and acting pursuant to section 181707,
C.R.S.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO