Second Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 08-0721.01 Michael Dohr         SENATE BILL 08-115
                   SENATE SPONSORSHIP
 Brophy,  Harvey, Penry, Renfroe, Schultheis, Cadman, Kopp, and Tochtrop
 
                    HOUSE SPONSORSHIP
 Stephens,  Gardner C., Lambert, Liston, Lundberg, McNulty, and Sonnenberg
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a civil action for damages suffered in a gun-free
            zone.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Creates a civil action to enable a person who is injured in a
       gun-free zone to recover damages as a result of criminal conduct in the
       zone if a reasonable person would believe the possession of a firearm in
       the zone could have helped the person defend himself or herself.  Waives
       sovereign immunity for a claim based on criminal conduct in a gun-free
       zone.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 21 of title 13, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            13-21-127.  Gun-free zone liability.  (1) (a)  In addition to any
       other remedies provided under this article, a person who suffers
       injury as a result of criminal conduct that occurs in a gun-free
       zone shall have a private right of action for damages against
       the person, organization, entity, or agency of government that
       created the gun-free zone.  In an action brought pursuant to
       this section, the plaintiff shall have the burden of proving by a
       preponderance of the evidence that a reasonable person would
       believe that possession of a firearm could have helped the
       plaintiff defend himself or herself against the criminal conduct.
            (b)  If the conduct is the result of a terrorist attack or
       the plaintiff is disabled, over sixty-five years of age, or a
       member of a racial or ethnic minority group, the plaintiff shall
       be entitled to treble damages.
            (c) (I)  For purposes of this section, "criminal conduct"
       means any of the crimes specified in subparagraph (II) of this
       paragraph (c) committed, conspired to be committed, or
       attempted to be committed by a person during which, or in the
       immediate flight therefrom, the person used, or possessed and
       threatened the use of, a deadly weapon.
            (II)  Subparagraph (I) of this paragraph (c) applies to the
       following crimes:
            (A)  Murder;
            (B)  First or second degree assault;
            (C)  Kidnapping;
            (D)  A sexual offense pursuant to part 4 of article 3 of
       title 18, C.R.S.;
            (E)  Aggravated robbery;
            (F)  First degree arson; and
            (G)  First degree burglary.
            (2)  A person, organization, entity, or agency of
       government shall not be liable for conduct described in
       subsection (1) of this section if the person, organization, entity,
       or agency of government provides reasonable security measures
       in the gun-free zone.  Reasonable security measures shall
       include, but are not limited to providing armed security guards
       or metal detectors.
            (3)  For the purposes of this section, "gun-free zone" means
       a building, place, area, or curtilage that is open to the public, or
       in or upon a public conveyance, where a person's right or ability
       to keep arms or to bear arms is infringed, restricted, or
       diminished in any way by statute, policy, rule, regulation,
       ordinance, statement, or posted sign.
            SECTION 2.  24-10-106 (1), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW PARAGRAPH to read:
            24-10-106.  Immunity and partial waiver.  (1)  A public entity
       shall be immune from liability in all claims for injury which lie in tort or
       could lie in tort regardless of whether that may be the type of action or the
       form of relief chosen by the claimant except as provided otherwise in this
       section.  Sovereign immunity is waived by a public entity in an action for
       injuries resulting from:
            (h)  Criminal conduct in a gun-free zone as described in
       section 13-21-127, C.R.S.
            SECTION 3.  Effective date - applicability.  This act shall take
       effect July 1, 2008, and shall apply to causes of action accruing on or
       after said date.
            SECTION 4.  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.