Colorado § 12-140-108 Violations and penalties - private civil right of action

Colorado Statutes

§ 12-140-108 — Violations and penalties - private civil right of action

Colorado·Title 12 Professions·Art. Nontransplant Tissue Banks

(1)A person who violates this article 140 commits a class 1 misdemeanor.

(2)(a) A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against any person that violates section 12-140-105 or 12-140-106.

(b)If a court determines that a person subject to this article 140 violated section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall award a statutory penalty of the greater of three thousand five hundred dollars or all compensation received by the nontransplant tissue bank for the distribution of the decedent's human remains.

(c)If a court determines that a violation of section 12-140-105 or 12-140-106 was willful or wanton, the amount of the statutory penalt

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(1) A
person who violates this article 140 commits a class 1 misdemeanor.

(2) (a) A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against
any person that violates section 12-140-105 or 12-140-106.

(b) If a court determines that a person subject to this article 140 violated
section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall
award a statutory penalty of the greater of three thousand five hundred dollars or
all compensation received by the nontransplant tissue bank for the distribution of
the decedent's human remains.

(c) If a court determines that a violation of section 12-140-105 or 12-140-106
was willful or wanton, the amount of the statutory penalty is tripled.

(d) The court shall award a successful plaintiff under this subsection (2)
reasonable costs and attorney fees.

(e) There must be only one civil action per decedent whose human remains
were donated. If multiple plaintiffs are joined in the action, the court may allocate
the penalty among the plaintiffs as it deems just.

Colorado § 12-140-108 (Violations and penalties - private civil right of action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 966, � 1, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3155, � 143, effective March 1, 2022. L. 2024: Entire section amended, (HB 24-1254), ch. 241, p. 1595, � 10, effective August 7.