First Regular Session
Sixty-second General Assembly
LLS NO. 99-0507.01 Julie Pelegrin HOUSE BILL 99-1236
STATE OF COLORADO
BY REPRESENTATIVE Chavez;
also SENATOR Feeley
REENGROSSED
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING REPEAL OF THE DEAD MAN'S STATUTE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Repeals the state "dead man's statute", a rule of evidence that
renders declarations of a dead person inadmissible when those
declarations are offered in support of claims brought by others against the
estate of the dead person.
Makes conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Repeal. 13-90-102, Colorado Revised Statutes, is
3 repealed.
4 SECTION 2. 13-90-101, Colorado Revised Statutes, is amended
5 to read:
6 13-90-101. Who may testify - interest. All persons, without
7 exception, other than those specified in sections 13-90-102 SECTIONS
8 13-90-103 to 13-90-108 may be witnesses. Neither parties nor other
9 persons who have an interest in the event of an action or proceeding shall
10 be excluded; nor those who have been convicted of crime; nor persons on
11 account of their opinions on matters of religious belief. In every case the
12 credibility of the witness may be drawn in question, as now provided by
13 law, but the conviction of any person for any felony may be shown for
14 the purpose of affecting the credibility of such witness. The fact of such
15 conviction may be proved like any other fact, not of record, either by the
16 witness himself, who shall be compelled to testify thereto, or by any other
17 person cognizant of such conviction as impeaching testimony or by any
18 other competent testimony. Evidence of a previous conviction of a felony
19 where the witness testifying was convicted five years prior to the time
20 when the witness testifies shall not be admissible in evidence in any civil
21 action.
22 SECTION 3. Repeal. 13-90-105, Colorado Revised Statutes, is
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1 repealed as follows:
2 13-90-105. Incompetent not restored by release. In any civil
3 action, suit, or proceeding, no person who would, if a party thereto, be
4 incompetent to testify therein under the provisions of section 13-90-102
5 shall become competent by reason of any assignment or release of his
6 claim made for the purpose of allowing such person to testify.
7 SECTION 4. Safety clause. The general assembly hereby finds,
8 determines, and declares that this act is necessary for the immediate
9 preservation of the public peace, health, and safety.