Current through 11/5/2024 election
Section 13-20-1207 - Applicability of part to public entities and public employees - damages - no duty to indemnify(1)(a) Notwithstanding sections 22-12-104, 24-10-105, 24-10-106, 24-10-108, and 24-10-118, or any other state law that prohibits civil actions against a public employee or public entity, a person may bring a claim alleging liability for injuries arising from sexual misconduct pursuant to this part 12 against a public employee or public entity.(b) Notwithstanding sections 22-12-104 (3), 24-10-109 (1), and 24-10-118 (1)(a), requiring the filing of a written notice, a person who brings an action pursuant to this part 12 is not required to file written notice as a jurisdictional prerequisite to the action.(c) The maximum amount that may be recovered from a public employee or public entity as set forth in section 24-10-114 applies to a claim brought against a public employee or public entity pursuant to this part 12.(2) Notwithstanding any provision of this part 12 or any other provision of law, the state, as defined in section 24-10-103 (7), and a public entity do not have a duty to defend or indemnify a public employee for a claim alleging sexual misconduct pursuant to this part 12, if the employee's conduct is willful or wanton.Added by 2021 Ch. 442, §2, eff. 1/1/2022.Entire part added, (SB 21-088), ch. 2926, p. 2926, § 2, effective 1/1/2022.