Section 12-140-108 - Violations and penalties - private civil right of action(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.Amended by 2024 Ch. 241,§ 10, eff. 8/7/2024.Amended by 2021 Ch. 462, § 143, eff. 3/1/2022.Renumbered from C.R.S. § 12-54.5-107 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.(1) This section is similar to former § 12-54.5-107 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2024 Ch. 241, was passed without a safety clause. See Colo. Const. art. V, § 1(3).