Child Sexual Abuse Accountability Amendment

2025 Regular Session Introduced by Jessie Danielson and 2 co-sponsors

Would let Colorado lawmakers pass retroactive laws allowing civil suits for childhood sexual abuse no matter when it occurred, and waive governmental immunity for such claims.

Senate Third Reading Lost - No Amendments

Summary — SCR 25-002: Child Sexual Abuse Accountability Amendment

Status: Senate Third Reading — Lost (No Amendments)
Introduced: April 14, 2025
Sponsors: Sen. Dafna Michaelson Jenet (primary), Sen. Jessie Danielson (primary), Rep. Monica Duran (primary)
Action summary: Passed Senate second reading (4/23/2025); failed Senate third reading (4/24/2025). The resolution did not reach enactment or the ballot.

Purpose / Intent

SCR 25-002 sought to place a proposed amendment to the Colorado Constitution before voters that would allow the General Assembly to enact retrospective laws enabling civil claims for sexual abuse that occurred when the victim was a minor — regardless of when the abuse occurred. It also would permit the General Assembly, by retrospective law, to waive governmental immunity for such child sexual abuse civil claims.

Key provisions (as written)

Amends Article II, Section 11 of the Colorado Constitution (prohibiting ex post facto and retrospective laws) by adding an exception:

The General Assembly may pass a law that is retrospective in its operation to allow a victim of sexual abuse that occurred while a minor to bring a civil claim for that abuse.
The General Assembly may, by retrospective law, waive governmental immunity for a child sexual abuse civil claim.

Ballot question language: “Shall there be an amendment … allowing Colorado lawmakers to pass laws that permit victims of childhood sexual abuse to bring a civil claim for the sexual abuse regardless of when the sexual abuse occurred?”

If approved by voters, the amendment would be adopted only if at least 55% of electors voting on the question vote “Yes.”

Target election date for voter consideration (if passed by the legislature): November 3, 2026.

Who would be affected

Survivors of childhood sexual abuse: could gain the ability to pursue civil claims that are currently time-barred under statutes of limitations.

Potential defendants and institutions: individuals, private entities, and public entities (if the legislature waives governmental immunity) could face revived or new claims for historical abuse.

State and local governments: could incur liability and financial exposure if the legislature enacted retroactive waivers of governmental immunity.

Courts and civil justice system: likely increase in litigation involving historical abuse claims, evidentiary and statute-of-limitations issues.

Procedural / timeline notes

SCR 25-002 is a Senate Concurrent Resolution proposing a constitutional amendment; such amendments require legislative approval and voter ratification. This resolution failed on Senate third reading (April 24, 2025) and therefore did not advance to placement on the 2026 ballot.

Had it passed the legislature, the proposal would have been placed on the November 3, 2026 ballot and required at least 55% voter approval to become part of the constitution.

Potential impacts to consider

Legal: Enables retroactive causes of action and potential reversal of statute-of-limitations barriers for childhood sexual abuse claims.

Fiscal: Possible increased payouts or settlements by governmental entities if waivers adopted; administrative and litigation costs.

Policy and evidentiary: Raises questions about fairness, evidence availability for historical incidents, and standards for retroactive liability.