SCR002 is a proposed Colorado constitutional amendment that would be referred to voters at the November 3, 2026 election. It would create a specific exception to Colorado’s general ban on retrospective laws, allowing the General Assembly to pass laws that retroactively permit victims of childhood sexual abuse to file civil claims even if the abuse occurred long ago. The measure also expressly authorizes the legislature to waive governmental immunity, through retroactive legislation, for child sexual abuse civil claims.
If approved by the electorate, the amendment would change Article II, Section 11 of the Colorado Constitution by carving out a narrow exception for civil claims arising from sexual abuse suffered while the victim was a minor. The ballot question asks voters whether lawmakers should be allowed to enact such laws regardless of when the abuse occurred, and the amendment would take effect only if it receives at least 55% of the vote, as required for constitutional changes of this type.
Impact
The resolution would not itself create a new civil cause of action, but it would remove a constitutional barrier that currently limits the legislature’s ability to revive or extend claims for childhood sexual abuse. It would also permit the General Assembly to waive sovereign or governmental immunity for these claims, potentially exposing public entities and other defendants to lawsuits that would otherwise be barred by statutes of limitation or constitutional retroactivity limits. Any actual changes to civil liability would still require future implementing legislation.
Sentiment
The available vote history suggests the measure advanced with meaningful but not unanimous support. It passed Senate third reading 22-12, indicating a clear majority in favor, while an earlier committee vote on an amendment failed 2-3 and a procedural referral vote passed 3-2. The bill’s caption and structure indicate a policy goal centered on accountability and access to courts for survivors of childhood sexual abuse, which appears to have broad support among sponsors and supporters, though not enough to avoid opposition from a substantial minority.
Contention
The main point of contention is whether Colorado should allow retroactive civil liability by constitutional exception, since the state constitution generally prohibits retrospective laws. Supporters are focused on giving survivors of childhood sexual abuse a path to seek civil remedies regardless of when the abuse occurred, while opponents appear concerned about reopening old claims, the fairness of retroactive legislation, and the potential exposure of governmental entities through immunity waivers. The immunity provision is likely especially sensitive because it could affect public institutions in addition to private defendants.