A Bill for an Act
Page 1, Line 101Concerning the statute of limitations for youth gender
Page 1, Line 102transition procedures.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires that causes of action for intentional or negligent acts constituting youth gender transition procedures performed on a youth under 26 years of age must be brought before the youth reaches 38 years of age.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as follows:
Page 2, Line 313-80-104.5. Limitation of actions for youth gender transition
Page 2, Line 4procedures - severability - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Sex" means the biological state of being male or
Page 2, Line 6female, based on the individual's sex organs, chromosomes, and endogenous hormone profiles.
Page 2, Line 7(b) (I) "Youth gender transition procedure" means any of
Page 2, Line 8the following acts performed upon an individual who was less
Page 2, Line 9than twenty-six years of age at the time the act occurred for
Page 2, Line 10the purpose of attempting to alter the appearance of or affirm
Page 2, Line 11the individual's perception of their gender or sex, if that
Page 2, Line 12appearance or perception is inconsistent with the individual's sex:
Page 2, Line 13(A) Prescribing or administering a medication;
Page 2, Line 14(B) Performing a surgery that sterilizes, including
Page 2, Line 15castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy;
Page 2, Line 16(C) Performing a surgery that artificially constructs
Page 2, Line 17tissue with the appearance of genitalia that differs from the
Page 2, Line 18individual's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or
Page 2, Line 19(D) Removing any healthy or non-diseased body part or tissue, except for a male circumcision.
Page 2, Line 20(II) "Youth gender transition procedure" does not include
Page 3, Line 1a procedure undertaken to treat an individual born with a
Page 3, Line 2medically verifiable disorder of sex development, including either of the following:
Page 3, Line 3(A) An individual born with external biological sex
Page 3, Line 4characteristics that are ambiguous, including an individual
Page 3, Line 5born with 46,XX chromosomes with virilization, an individual
Page 3, Line 6born with 46,XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or
Page 3, Line 7(B) An individual whom a physician has otherwise
Page 3, Line 8diagnosed with a disorder of sexual development in which the
Page 3, Line 9physician has determined, through genetic or biochemical
Page 3, Line 10testing, that the individual does not have normal sex
Page 3, Line 11chromosome structure, sex steroid hormone production, or sex steroid hormone action.
Page 3, Line 12(2) (a) An action based on intentional conduct brought by
Page 3, Line 13an individual for recovery of damages for injury suffered as the
Page 3, Line 14result of a youth gender transition procedure against the
Page 3, Line 15individual who committed the act must be commenced before the
Page 3, Line 16individual who was the subject of the youth gender transition
Page 3, Line 17procedure that is alleged to have caused the injury reaches thirty-eight years of age.
Page 3, Line 18(b) In an action for recovery of damages for liability
Page 3, Line 19against an entity that owed a duty of care to the individual,
Page 3, Line 20where a wrongful or negligent act by an employee, officer,
Page 3, Line 21director, official, volunteer, representative, or agent of the
Page 3, Line 22entity was a legal cause of the youth gender transition
Page 3, Line 23procedure that resulted in the injury to the individual, the
Page 4, Line 1action must be commenced before the individual who was the
Page 4, Line 2subject of the youth gender transition procedure that is
Page 4, Line 3alleged to have caused the injury reaches thirty-eight years of age.
Page 4, Line 4(3) This section does not:
Page 4, Line 5(a) Wholly or partly repeal, either expressly or by
Page 4, Line 6implication, any other statute that regulates or prohibits youth gender transition procedures; or
Page 4, Line 7(b) Restrict a political subdivision from regulating or
Page 4, Line 8prohibiting youth gender transition procedures in a manner that is at least as stringent as the laws of this state.
Page 4, Line 9(4) (a) Every provision, section, subsection, sentence,
Page 4, Line 10clause, phrase, or word in this section, and every application of
Page 4, Line 11the provisions in this section, is severable from each other. If
Page 4, Line 12any application of any provision in this section to any person,
Page 4, Line 13group of persons, or circumstances is found by a court to be
Page 4, Line 14invalid, the remaining applications of that provision to all other
Page 4, Line 15persons and circumstances must be severed and may not be
Page 4, Line 16affected. All constitutionally valid applications of this section
Page 4, Line 17must be severed from any applications that a court finds to be
Page 4, Line 18invalid, leaving the valid applications in force, because it is the
Page 4, Line 19general assembly's intent and priority that the valid applications be allowed to stand alone.
Page 4, Line 20(b) The general assembly further declares that it would
Page 4, Line 21have passed this section, and each provision, section, subsection,
Page 4, Line 22sentence, clause, phrase, or word, and all constitutional
Page 4, Line 23applications of this section, irrespective of the fact that any
Page 5, Line 1provision, section, subsection, sentence, clause, phrase, or word,
Page 5, Line 2or applications of this section, were to be declared
Page 5, Line 3unconstitutional. If any provision of this section is found by any
Page 5, Line 4court to be unconstitutionally vague, the applications of that
Page 5, Line 5provision that do not present constitutional vagueness problems must be severed and remain in force.
Page 5, Line 6SECTION 2. Act subject to petition - effective date -
Page 5, Line 7applicability. (1) This act takes effect September 1, 2025; except that,
Page 5, Line 8if a referendum petition is filed pursuant to section 1 (3) of article V of
Page 5, Line 9the state constitution against this act or an item, section, or part of this act
Page 5, Line 10within the ninety-day period after final adjournment of the general
Page 5, Line 11assembly, then the act, item, section, or part will not take effect unless
Page 5, Line 12approved by the people at the general election to be held in November
Page 5, Line 132026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 5, Line 14(2) This act applies to claims that have not been barred as of the applicable effective date of this act.