SecondHB1272_S_JUD.001 RegularSENATE SessionCOMMITTEE Seventy-thirdOF GeneralREFERENCE AssemblyREPORT STATE_______________________________ OFApril COLORADO21, ENGROSSED2022 ThisChair Versionof IncludesCommittee AllDate AmendmentsCommittee Adopted on SecondJudiciary. Reading in the House of Introduction LLS NO.

22-0845.01After Chelseaconsideration Princellon x4335the HOUSEmerits, BILLthe 22-1272Committee HOUSErecommends SPONSORSHIPthe Gonzales-Gutierrezfollowing: and Benavidez, SENATE SPONSORSHIP Gonzales and Rodriguez, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNINGTHEREPEALOFTHEPROVISIONAWARDINGADEFENDANT ATTORNEY FEES IN A TORT ACTION WHEN THE CASE IS DISMISSED ON MOTION OF THE DEFENDANT PRIOR TO TRIAL .

BillHB22-1272 Summarybe (Note:amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

ThisAmendreengrossedbill,page2,line26,strike" summaryCOUNTER applies-COMPLAINT to,OR thisCROSS bill-COMPLAINT as" introduced and doessubstitutCOUNTERCLAIM notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill,OR passesCROSS thirdCLAIM,". 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.) Under current law, a defendant may be awarded reasonable attorney fees in tort actions if the case is dismissed on motion of the defendant prior to trial.

ThePage3,lines1 billand eliminates2, thisstrike provision."NTRARYPRECEDENTORINTERPRETATION THE PARTY SEEKS TO DISTINGUISH OR OVERCOME ,OR " and substitute "PRECEDENT LAW ,OR REGULATION THE PARTY SEEKS TO EXTEND ,LIMIT, MODIFY ,OR REVERSE ,OR ".

g** i*** 2** a*** 2** S R 4 O n h Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H d r Capital letters or bold & italic numbers indicate new material to be added to existing dtatute.

Dashes through the words indicate deletions from existing statute.

e m A Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

InColoradoRevisedStatutes, amend13-17-201as follows:

13-17-201.

Awardofreasonableattorneyfeesincertaincases.

(1) In all actions brought as a result of a death or an injury to person or property occasioned by the tort of any other persons, where any such actionisdismissedonmotionof the defendant prior totrialunderrule12 (b) of the Colorado rules of civil procedure, such defendant shall have judgment for his reasonable attorney fees in defending the action.

This sectionSUBSECTION(1)shalDOES notapplyifamotionunderrule12(b) of the Colorado rules of civil procedure is treated as a motion for summary judgment and disposed of as provided in rule 56 of the Colorado rules of civil procedure.

(2) SUBSECTION (1)OF THIS SECTION DOES NOT APPLY TO ANY CLAIM THAT IS A GOOD FAITH,NON FRIVOLOUS CLAIM FILED FOR THE EXPRESS PURPOSE OF EXTENDING,LIMITIN, MODIFYING,OR REVERSING EXISTING PRECEDENT ,LAW ,OR REGULATION ;

OR FOR THE EXPRESS PURPOSE OF ESTABLISHING THE MEANING , LAWFULNESS , OR CONSTITUTIONALITY OF A LAW ,REGULATION ,OR U NITED STATES OR STATE CONSTITUTIONAL RIGHT AND THE MEANING ,LAWFULNESS , OR CONSTITUTIONALITY HAS NOT BEEN DETERMINED BY THE COLORADO SUPREME COURT , OR FOR CASES PRESENTING QUESTIONS UNDER THE U NITEDSTATESCONSTITUTION ,TO THESUPREME C OURT OFTHE UNITED STATES .

HIS SUBSECTION (2)APPLIES SO LONG AS THE PARTY THAT BROUGHT THE DISMISSED CLAIM HAS PLEADED , IN ITS COMPLAINT, COUNTER -COMPLAINT,ORCROSS -COMPLAINTTHATTHEDISMISSEDCLAIM WAS MADE FOR ONE OF THE EXPRESS PURPOSES STATED IN THIS -2- 1272 SUBSECTION (2) AND IDENTIFIED THE CONTRARY PRECEDENT OR INTERPRETATION THE PARTY SEEKS TO DISTINGUISH OR OVERCOME,OR WHETHER THE ISSUE TO BE DECIDED IS A MATTER OF FIRST IMPRES.ION SECTION 2.

Safety clause.

The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.

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