Courts - Digest of Bills

Digest of Bills - 1994

COURTS

S.B. 94-2 Exemption from attachment or levy - child support obligations and payments. Exempts any past or present child support obligation or payment required by a support order from any writ of attachment, writ of execution, or writ of garnishment to collect any debt owed by either parent. Eliminates the exemption if the recipient of a child support payment intermingles the payment with other moneys. Provides that a child support payment is only exempt after deposit in a bank, savings and loan, or credit union account if the account is a custodial account for the benefit of the child that is designated for child support payments and no moneys other than child support payments made pursuant to a support order and interest are deposited into the account.

APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994

S.B. 94-224 Support registry - fees. Authorizes the chief justice of the Colorado supreme court to set annually the amount of the initial one-time fee, not to exceed $30, imposed on persons directed to make support payments through the registry of the court. Such fee is to cover the direct and indirect costs associated with the establishment of an account for that person. Also authorizes the chief justice to set the amount of a processing fee, not to exceed $3, that such persons must pay on each payment made through the registry of the court to cover the direct and indirect costs associated with processing that payment.

Applies to court orders entered on or after July 1, 1994.

APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994

H.B. 94-1147 Landlord and tenant law - forcible entry and detainer - termination of tenancy for substantial violation - defenses to action for possession. Determines that in certain cases it is necessary to curtail the right of occupancy of certain persons in order to protect the rights and safety of neighbors, property owners, and others. Declares that it is an implied term of every lease of real property in the state that the tenant shall not commit a substantial violation while in possession of the premises. Defines a substantial violation as any act or series of acts by the tenant or any guest or invitee of the tenant which occurs on or near the premises and endangers life or property or constitutes a violent or drug-related felony prohibited by state law. Allows a landlord to terminate a lease before the end of the lease term for any substantial violation. Makes the termination effective 3 days after service of written notice to quit. Allows a tenant the defense that domestic violence is the basis for the termination notice or that the tenant could not reasonably have known of or prevented the substantial violation but immediately notified a law enforcement officer of his knowledge of the substantial violation.

Applies to leases executed on or after the date of passage of the act and to leases in effect on such date when a substantial violation occurs on or after said date.

APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994

H.B. 94-1153 Evidence - admissibility of communications using TDD or TTY. Prohibits the admission of the contents of any communication made directly or indirectly through a telecommunications device for the deaf (TDD) or a teletype (TTY) and of any writing or recording resulting from the communication as evidence of the existence or contents of the communication. Provides an exception for any communication intercepted pursuant to a lawful court order.

APPROVED by Governor March 29, 1994
EFFECTIVE March 29, 1994

H.B. 94-1254 Evidence - electronic business and public records - admissibility. Adds electronically recorded, copied, or reproduced business and public records as records which are as admissible in evidence as the original itself in any judicial or administrative proceeding under the "Uniform Photographic Copies of Business and Public Records as Evidence Act".

APPROVED by Governor March 29, 1994
EFFECTIVE July 1, 1994

H.B. 94-1281 Limitation of actions - motor vehicle operations - uninsured and underinsured motorists - accrual of actions. Requires that any tort action for bodily injury or property damage arising out of the use or operation of a motor vehicle be commenced within 3 years after the cause of action accrues. Excludes any action for strict liability, absolute liability, or failure to instruct or warn. Provides that a cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of due diligence.

Requires that an action or arbitration of an uninsured motorist insurance claim be commenced or demanded within 3 years after the cause of action accrues or, if the underlying bodily injury liability claim is preserved by commencing an action against the uninsured motorist, within 2 years after the insured knows that the tortfeasor is uninsured. Requires that an action or arbitration of an underinsured motorist insurance claim be commenced or demanded within 3 years after the cause of action accrues or, if the underlying bodily injury liability claim is preserved by commencing an action against the underinsured motorist or by payment of the liability claim settlement or judgment, within 2 years after the insured received payment of the settlement or judgment on the underlying claim. Provides that an uninsured or underinsured motorist cause of action accrues after both the existence of the death, injury, or damage giving rise to the claim and the cause of the death, injury, or damage are known or should have been known by the exercise of due diligence.

Applies to any motor vehicle accident occurring on or after July 1, 1994.

APPROVED by Governor June 3, 1994
EFFECTIVE July 1, 1994