Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-80-103.6. General limitation of actions--domestic violence--six years--definition

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(1) Notwithstanding any other statute of limitations specified in this article 80, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action to recover damages caused by an act of domestic violence, as defined in section 14-10-124(1.3)(a), must be commenced within six years after a disability has been removed for a person under disability, as such term is defined in subsection (2) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter;  except that in no event may any such civil action be commenced more than twenty years after the cause of action accrues.

(2)(a) For the purpose of this section, “person under disability” means any person who:

(I) Has a behavioral or mental health disorder;  an intellectual and developmental disability, as defined in section 25.5-10-202(26);  or a traumatic brain injury, as defined in section 26-1-301(3);  and

(II) Is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.

(b) For the purpose of this section, where the plaintiff is a victim of a series of domestic violence offenses, the plaintiff need not establish which act of a series of acts caused the plaintiff's injury, and the statute of limitations set forth in this section commences with the last in the series of acts, subject to the provisions of this section regarding disability.

(c) A person under disability has the burden of proving that:

(I) The act of domestic violence that is the basis of the civil action occurred;  and

(II) He or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.

(a) Purpose.- The purpose of this section is as follows:

(1) To assist students in the planning and preparation for success in college and other post-secondary education if their education major interests require such formal education after high school;

(2) To establish the minimum expected level of knowledge, skill and competency a student must possess to be prepared fully for college and other post-secondary education at state institutions of higher education;

(3) To implement a method for communicating the minimum level of knowledge, skill and competency to students, parents, educators and counselors in the public schools, and admissions officers, advisors and faculty in the higher education institutions; and

(4) To assure that the teacher preparation programs in state institutions of higher education prepare educators to, at a minimum, deliver instruction necessary to prepare students fully for college and other post-secondary education or gainful employment consistent with the provisions of section eight, article two-e, chapter eighteen of this code.

(b) Joint rule.- On or before the first day of October, one thousand nine hundred ninety-six, the higher education governing boards shall promulgate a joint rule to achieve the purposes of subsection (a) of this section. In the development of such rule, the governing boards shall consult with the state board and the jobs through education employer panel, established pursuant to section eight, article two-e, chapter eighteen of this code, and shall collaborate with the state board in the establishment of compatible practices within their separate systems.

(c) Assessment of student readiness.- To provide continuous assessment and program improvement in the preparation of high school students for success in college or other post-secondary education, the higher education governing boards shall communicate to the state board and the legislative oversight commission on education accountability by the first day of December in each year, beginning in December, one thousand nine hundred ninety-seven, the number of graduates from the public schools in the state by high schools who were accepted in the last calendar year for enrollment at each of the state institutions of higher education within one year of graduation, and whose knowledge, skill and competency were below the minimum expected levels for full preparation as defined by the governing boards. The governing boards also shall report the areas in which the knowledge, skill and competency of the students were below the minimum expected level. The state board shall provide information to each of the high schools of the state for graduates from the high school.

Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-80-103.6. General limitation of actions--domestic violence--six years--definition - last updated January 01, 2019 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-80-103-6/


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