Legal Review Committee Agenda and Packet 2014 08 20

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Attachment 1: Text of C.R.S. 24 -10 -110 C.R.S. 24 -10 -110 COLORADO REVISED STATUTES * ** This document reflects changes current through all laws passed at the First Regular Session of the Sixty -Ninth General Assembly of the State of Colorado (2013) * ** TITLE 24. GOVERNMENT - STATE ADMINISTRATION ARTICLE 10. GOVERNMENTAL IMMUNITY C.R.S. 24 -10 -110 (2013) 24 -10 -110. Defense of public employees - payment of judgments or settlements against public employees (1) A public entity shall be liable for: (a) The costs of the defense of any of its public employees, whether such defense is assumed by the public entity or handled by the legal staff of the public entity or by other counsel, in the discretion of the public entity, where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton; (b) (I) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his duties and within the scope of his employment, except where such act or omission is willful and wanton or where sovereign immunity bars the action against the public entity, if the employee does not compromise or settle the claim without the consent of the public entity; and (II) The payment of all judgments and settlements of claims against any of its public employees where the claim against the public employee arises out of injuries sustained from an act or omission of such employee occurring during the performance of his or her duties and within the scope of employment, except where such act or omission is willful and wanton, even though sovereign immunity would otherwise bar the action, when the public employee is operating an emergency vehicle within the provisions of section 42 -4 -108 (2) and (3), C.R.S., if the employee does not compromise or settle the claim without the consent of the public entity. (1.5) Where a claim against a public employee arises out of injuries sustained from an act or omission of such employee which occurred or is alleged in the complaint to have occurred during the performance of his duties and within the scope of his employment, the public entity shall be liable for the reasonable costs of the defense and reasonable attorney fees of its public employee unless: (a) It is determined by a court that the injuries did not arise out of an act or omission of such employee occurring during the performance of his duties and within the scope of his employment or that the act or omission of such employee was willful and wanton. If it is so