(1) In addition to all other remedies, a victim, as defined in section 18-3-502 (12), C.R.S., is entitled to recover damages proximately caused by any person who commits human trafficking for involuntary servitude, as described in section 18-3-503, C.R.S., or human trafficking for sexual servitude, as described in section 18-3-504, C.R.S.
(2) A conviction for human trafficking for involuntary servitude, as described in section 18-3-503, C.R.S., or human trafficking for sexual servitude, as described in section 18-3-504, C.R.S., is not a condition precedent to maintaining a civil action pursuant to the provisions of this section.
Source: L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 621, � 2, effective August 8. L. 2014: Entire section amended, (HB 14-1273), ch. 282, p. 1152, � 7, effective July 1.
13-21-128. Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions. (1) (a) Notwithstanding any other remedies, a person has a right of recovery against a peace officer's employing law enforcement agency if a person attempts to or lawfully records an incident involving a peace officer and:
(I) A peace officer unlawfully destroys or damages the recording or recording device;
(II) A peace officer seizes the recording or recording device without permission, without lawful order of the court, or without other lawful grounds to seize the device;
(III) A peace officer intentionally interferes with the person's lawful attempt to record an incident involving a peace officer;
(IV) A peace officer retaliates against a person for recording or attempting to record an incident involving a peace officer; or
(V) A peace officer refuses to return the person's recording device that contains a recording of a peace officer-involved incident within a reasonable time period and without legal justification.
(b) If a peace officer engages in any of the conduct described in paragraph (a) of this subsection (1), the aggrieved property owner may submit an affidavit to the peace officer's employing law enforcement agency setting forth the facts of the incident, the damage done to the owner's property, and a verifiable estimate of the replacement cost for any damaged or destroyed device. If a recording was damaged or destroyed, the owner may claim five hundred dollars as the value of the recording itself. Upon receipt of this affidavit, the law enforcement agency shall have thirty days to either pay the aggrieved property owner the amount requested in the affidavit or issue a denial of the request in writing.
(c) If a denial of claim is issued by the law enforcement agency pursuant to paragraph (b) of this subsection (1), and the aggrieved property owner disagrees with the denial, the property owner may bring a civil action against the peace officer's employing law enforcement agency for actual damages, including the replacement value of the device, the amount of five hundred dollars for any damaged or destroyed recording, and any costs and fees associated with the filing of the civil action. The court may order punitive damages up to fifteen thousand dollars and attorney fees to the property owner upon a finding that the denial by the law enforcement agency to reimburse the person pursuant to paragraph (b) of this subsection (1) was made in bad faith. If the court finds that an action brought by a person is frivolous and without merit, the court may award the law enforcement agency its reasonable costs and attorney fees.
(2) An action brought pursuant to this section does not preclude the person from seeking that criminal charges be filed against a peace officer for tampering with physical evidence in violation of section 18-8-610, C.R.S., or any other crime.
(3) For purposes of this section, retaliation means a threat, act of harassment, as defined in section 18-9-111, C.R.S., or act of harm or injury upon any person or property, which action is directed to or committed upon a person recording the peace officer-involved incident, as retaliation or retribution against such witness or victim.
Source: L. 2015: Entire section added, (HB 15-1290), ch. 212, p. 773, � 1, effective May 20, 2016.
13-21-129. Snow removal service liability limitation - exceptions - short title - definitions. (1) This section may be cited as the Snow Removal Service Liability Limitation Act.
(2) As used in this section, unless the context otherwise requires:
(a) Public utility has the same meaning as set forth in section 40-1-103.
(b) Service provider means a person providing services under a snow removal and ice control services contract.
(c) Service receiver means a person receiving services under a snow removal and ice control services contract.
(d) Snow removal and ice control services contract means a contract or agreement for the performance of any of the following:
(I) Plowing, shoveling, or other removal of snow or other mixed precipitation from a surface;
(II) Deicing services; or
(III) A service incidental to an activity described in subsection (2)(d)(I) or (2)(d)(II) of this section, including operating or otherwise moving snow removal or deicing equipment or materials.
(3) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following in the instance where the service provider is prohibited, by express contract terms or in writing, from mitigating a specific snow, ice, or other mixed precipitation event or risk:
(a) Requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees;
(b) Requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees;
(c) Requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees;
(d) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees;
(e) Requires, or has the effect of requiring, a service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; or
(f) Requires, or has the effect of requiring, a service receiver to defend a service provider against any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.
(4) This section does not apply to the following:
(a) Contracts for snow removal or ice control services on public roads or with public bodies;
(b) Contracts for snow removal or ice control services with a public utility;
(c) Deicing services or ice control services provided at a municipal or county airport, an airport under the jurisdiction of a public airport authority created under the provisions of article 3 of title 41, or any other public airport, including contracts for services provided to commercial passenger and cargo airlines at such airports; or
(d) An insurance policy, as surety bond, or workers' compensation.
(5) This section does not affect any liabilities, immunities, or affirmative defenses arising under other law.
Source: L. 2018: Entire section added, (SB 18-062), ch. 328, p. 1967, � 1, effective August 8.
13-21-130. Civil liability for false statement to recover possession of real property. In addition to any other remedies, a person removed from a residential premises pursuant to section 13-40.1-101 on the basis of false statements made by a declarant has a private cause of action against the declarant. In the action, the plaintiff is entitled to actual damages, attorney fees, and costs.
Source: L. 2018: Entire section added, (SB 18-015), ch. 393, p. 2350, � 3, effective July 1.
Cross references: For the short title Protecting Homeowners and Deployed Military Personnel Act in SB 18-015, see section 1 of chapter 393, Session Laws of Colorado 2018.