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Colorado Rights Blog

HB20-1287:Colorado Rights Act

Criminal Justice
Bill Number: HB20-1287
Year: 2020
ACLU Position: Support
Sponsors: Soper/Marble/Lee

Description:

The bill allows a person who has a right, privilege, or immunity secured by the Colorado constitution that is infringed upon to bring a civil action for the violation. The attorney general can also bring an action under the same circumstances. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant’s good faith but erroneous belief in the lawfulness of his or her conduct are not defenses to the civil action. The civil action has a two-year statute of limitations. The bill requires a public entity to indemnify its public employees in a claim unless the employee is convicted of a crime related to the claim.


Current Status:

Introduced In House - Assigned to Judiciary + Appropriations (2/4/20)



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