Colorado Civil Damages for the Unlawful Termination of a Pregnancy (HB 1388)

SB 1388 creates a civil cause of action for damages that result from an unlawful termination of a pregnancy at any time prior to birth caused by at least reckless conduct.

This bill does not establish legal personhood prior to birth.

This bill specifies that a cause of action for the wrongful death of an unborn viable fetus does not exist:

1. Against the mother;
2. Against a health care practitioner or health care provider performing an abortion permitted by law and for which required consent was given.

An individual could recover economic damages, noneconomic damages, and exemplary damages. Civil action must be brought within three years after the individual knows the pregnancy was unlawfully terminated.

STATUS

Signed into law by Gov. Hickenlooper on June 6, 2014 and went into effect on July 1, 2014.

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People