Text of CO HB 1254 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0623.01 Jerry Barry x4341 HOUSE BILL 25-1254 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR YOUTH GENDER 101 TRANSITION PROCEDURES. 102 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. HOUSE SPONSORSHIP DeGraaf, Bradley, Weinberg SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add 13-80-104.5 as 2 follows: 3 13-80-104.5. Limitation of actions for youth gender transition 4 procedures - severability - legislative declaration - definitions. (1) AS 5 USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: 6 (a) "SEX" MEANS THE BIOLOGICAL STATE OF BEING MALE OR 7 FEMALE, BASED ON THE INDIVIDUAL'S SEX ORGANS, CHROMOSOMES, AND 8 ENDOGENOUS HORMONE PROFILES. 9 (b) (I) "YOUTH GENDER TRANSITION PROCEDURE" MEANS ANY OF 10 THE FOLLOWING ACTS PERFORMED UPON AN INDIVIDUAL WHO WAS LESS 11 THAN TWENTY-SIX YEARS OF AGE AT THE TIME THE ACT OCCURRED FOR 12 THE PURPOSE OF ATTEMPTING TO ALTER THE APPEARANCE OF OR AFFIRM 13 THE INDIVIDUAL'S PERCEPTION OF THEIR GENDER OR SEX, IF THAT 14 APPEARANCE OR PERCEPTION IS INCONSISTENT WITH THE INDIVIDUAL'S 15 SEX: 16 (A) PRESCRIBING OR ADMINISTERING A MEDICATION; 17 (B) PERFORMING A SURGERY THAT STERILIZES, INCLUDING 18 CASTRATION, VASECTOMY, HYSTERECTOMY, OOPHORECTOMY, 19 ORCHIECTOMY, AND PENECTOMY; 20 (C) PERFORMING A SURGERY THAT ARTIFICIALLY CONSTRUCTS 21 TISSUE WITH THE APPEARANCE OF GENITALIA THAT DIFFERS FROM THE 22 INDIVIDUAL'S SEX, INCLUDING METOIDIOPLASTY, PHALLOPLASTY, AND 23 VAGINOPLASTY; OR 24 (D) REMOVING ANY HEALTHY OR NON-DISEASED BODY PART OR 25 TISSUE, EXCEPT FOR A MALE CIRCUMCISION. 26 (II) "YOUTH GENDER TRANSITION PROCEDURE" DOES NOT INCLUDE 27 HB25-1254 -2- A PROCEDURE UNDERTAKEN TO TREAT AN INDIVIDUAL BORN WITH A 1 MEDICALLY VERIFIABLE DISORDER OF SEX DEVELOPMENT, INCLUDING 2 EITHER OF THE FOLLOWING: 3 (A) AN INDIVIDUAL BORN WITH EXTERNAL BIOLOGICAL SEX 4 CHARACTERISTICS THAT ARE AMBIGUOUS, INCLUDING AN INDIVIDUAL 5 BORN WITH 46,XX CHROMOSOMES WITH VIRILIZATION, AN INDIVIDUAL 6 BORN WITH 46,XY CHROMOSOMES WITH UNDERVIRILIZATION, OR HAVING 7 BOTH OVARIAN AND TESTICULAR TISSUE; OR 8 (B) AN INDIVIDUAL WHOM A PHYSICIAN HAS OTHERWISE 9 DIAGNOSED WITH A DISORDER OF SEXUAL DEVELOPMENT IN WHICH THE 10 PHYSICIAN HAS DETERMINED, THROUGH GENETIC OR BIOCHEMICAL 11 TESTING, THAT THE INDIVIDUAL DOES NOT HAVE NORMAL SEX 12 CHROMOSOME STRUCTURE, SEX STEROID HORMONE PRODUCTION, OR SEX 13 STEROID HORMONE ACTION. 14 (2) (a) AN ACTION BASED ON INTENTIONAL CONDUCT BROUGHT BY 15 AN INDIVIDUAL FOR RECOVERY OF DAMAGES FOR INJURY SUFFERED AS THE 16 RESULT OF A YOUTH GENDER TRANSITION PROCEDURE AGAINST THE 17 INDIVIDUAL WHO COMMITTED THE ACT MUST BE COMMENCED BEFORE THE 18 INDIVIDUAL WHO WAS THE SUBJECT OF THE YOUTH GENDER TRANSITION 19 PROCEDURE THAT IS ALLEGED TO HAVE CAUSED THE INJURY REACHES 20 THIRTY-EIGHT YEARS OF AGE. 21 (b) IN AN ACTION FOR RECOVERY OF DAMAGES FOR LIABILITY 22 AGAINST AN ENTITY THAT OWED A DUTY OF CARE TO THE INDIVIDUAL, 23 WHERE A WRONGFUL OR NEGLIGENT ACT BY AN EMPLOYEE, OFFICER, 24 DIRECTOR, OFFICIAL, VOLUNTEER, REPRESENTATIVE, OR AGENT OF THE 25 ENTITY WAS A LEGAL CAUSE OF THE YOUTH GENDER TRANSITION 26 PROCEDURE THAT RESULTED IN THE INJURY TO THE INDIVIDUAL, THE 27 HB25-1254 -3- ACTION MUST BE COMMENCED BEFORE THE INDIVIDUAL WHO WAS THE 1 SUBJECT OF THE YOUTH GENDER TRANSITION PROCEDURE THAT IS 2 ALLEGED TO HAVE CAUSED THE INJURY REACHES THIRTY-EIGHT YEARS OF 3 AGE. 4 (3) THIS SECTION DOES NOT: 5 (a) WHOLLY OR PARTLY REPEAL, EITHER EXPRESSLY OR BY 6 IMPLICATION, ANY OTHER STATUTE THAT REGULATES OR PROHIBITS YOUTH 7 GENDER TRANSITION PROCEDURES; OR 8 (b) RESTRICT A POLITICAL SUBDIVISION FROM REGULATING OR 9 PROHIBITING YOUTH GENDER TRANSITION PROCEDURES IN A MANNER THAT 10 IS AT LEAST AS STRINGENT AS THE LAWS OF THIS STATE. 11 (4) (a) EVERY PROVISION, SECTION, SUBSECTION, SENTENCE, 12 CLAUSE, PHRASE, OR WORD IN THIS SECTION, AND EVERY APPLICATION OF 13 THE PROVISIONS IN THIS SECTION, IS SEVERABLE FROM EACH OTHER. IF 14 ANY APPLICATION OF ANY PROVISION IN THIS SECTION TO ANY PERSON, 15 GROUP OF PERSONS, OR CIRCUMSTANCES IS FOUND BY A COURT TO BE 16 INVALID, THE REMAINING APPLICATIONS OF THAT PROVISION TO ALL OTHER 17 PERSONS AND CIRCUMSTANCES MUST BE SEVERED AND MAY NOT BE 18 AFFECTED. ALL CONSTITUTIONALLY VALID APPLICATIONS OF THIS SECTION 19 MUST BE SEVERED FROM ANY APPLICATIONS THAT A COURT FINDS TO BE 20 INVALID, LEAVING THE VALID APPLICATIONS IN FORCE, BECAUSE IT IS THE 21 GENERAL ASSEMBLY'S INTENT AND PRIORITY THAT THE VALID 22 APPLICATIONS BE ALLOWED TO STAND ALONE. 23 (b) THE GENERAL ASSEMBLY FURTHER DECLARES THAT IT WOULD 24 HAVE PASSED THIS SECTION, AND EACH PROVISION, SECTION, SUBSECTION, 25 SENTENCE, CLAUSE, PHRASE, OR WORD, AND ALL CONSTITUTIONAL 26 APPLICATIONS OF THIS SECTION, IRRESPECTIVE OF THE FACT THAT ANY 27 HB25-1254 -4- PROVISION, SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE, OR WORD, 1 OR APPLICATIONS OF THIS SECTION, WERE TO BE DECLARED 2 UNCONSTITUTIONAL. IF ANY PROVISION OF THIS SECTION IS FOUND BY ANY 3 COURT TO BE UNCONSTITUTIONALLY VAGUE, THE APPLICATIONS OF THAT 4 PROVISION THAT DO NOT PRESENT CONSTITUTIONAL VAGUENESS 5 PROBLEMS MUST BE SEVERED AND REMAIN IN FORCE. 6 SECTION 2. Act subject to petition - effective date - 7 applicability. (1) This act takes effect September 1, 2025; except that, 8 if a referendum petition is filed pursuant to section 1 (3) of article V of 9 the state constitution against this act or an item, section, or part of this act 10 within the ninety-day period after final adjournment of the general 11 assembly, then the act, item, section, or part will not take effect unless 12 approved by the people at the general election to be held in November 13 2026 and, in such case, will take effect on the date of the official 14 declaration of the vote thereon by the governor. 15 (2) This act applies to claims that have not been barred as of the 16 applicable effective date of this act. 17 HB25-1254 -5-