Bill Text: MI HB4306 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil procedure: statute of limitations; civil actions for criminal sexual conduct; extend statute of limitations, and provide exceptions for actions filed in the court of claims. Amends secs. 5805, 5851b, 6431 & 6452 of 1961 PA 236 (MCL 600.5805 et seq.).
Spectrum: Strong Partisan Bill (Democrat 19-2)
Status: (Introduced - Dead) 2021-02-24 - Bill Electronically Reproduced 02/23/2021 [HB4306 Detail]
Download: Michigan-2021-HB4306-Introduced.html
HOUSE BILL NO. 4306
February 23, 2021, Introduced by Reps.
Whitsett, Cambensy, O'Neal, Neeley, Scott, Anthony, Cynthia Johnson,
Thanedar, Young, Cavanagh, Aiyash, Kuppa, Haadsma, Peterson, Hope, Brixie,
Calley, Tyrone Carter, Maddock, Steckloff and Yancey and referred to the
Committee on Oversight.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5805, 5851b, 6431, and 6452 (MCL 600.5805, 600.5851b, 600.6431, and 600.6452), section 5805 as amended by 2018 PA 183, section 5851b as added by 2018 PA 183, section 6431 as amended by 2020 PA 42, and section 6452 as amended by 2020 PA 44.
the people of the state of michigan enact:
Sec. 5805. (1) A person shall not bring or
maintain an action to recover damages for injuries to persons or property
unless, after the claim first accrued to the plaintiff or to someone through
whom the plaintiff claims, the action is commenced within the periods of time
prescribed by this section.
(2) Except as otherwise provided in this section, the period
of limitations is 3 years after the time of the death or injury for all actions
to recover damages for the death of a person or for injury to a person or
property.
(3) Subject to subsections (4) to (6),
(5) and section 5851b, the period
of limitations is 2 years for an action charging assault, battery, or false
imprisonment.
(4) Subject to subsection
(6), section 5851b, the
period of limitations is 5 years for an action charging assault or battery brought
by a person who has been assaulted or battered by his or her spouse or former
spouse, an individual with whom he or she has had a child in common, or a
person with whom he or she resides or formerly resided.
(5) Subject to subsection
(6), section 5851b, the
period of limitations is 5 years for an action charging assault and battery
brought by a person who has been assaulted or battered by an individual with
whom he or she has or has had a dating relationship.
(6)
The period of limitations is 10 years for an action to recover damages
sustained because of criminal sexual conduct. For purposes of this subsection,
it is not necessary that a criminal prosecution or other proceeding have been
brought as a result of the conduct or, if a criminal prosecution or other
proceeding was brought, that the prosecution or proceeding resulted in a
conviction or adjudication.
(6)
(7) The period of
limitations is 2 years for an action charging malicious prosecution.
(7)
(8) Except as
otherwise provided in this chapter, the period of limitations is 2 years for an
action charging malpractice.
(8)
(9) The period of
limitations is 2 years for an action against a sheriff charging misconduct or
neglect of office by the sheriff or the sheriff's deputies.
(9)
(10) The period of
limitations is 2 years after the expiration of the year for which a constable
was elected for actions based on the constable's negligence or misconduct as
constable.
(10)
(11) The period of
limitations is 1 year for an action charging libel or slander.
(11)
(12) The period of
limitations is 3 years for a products liability action. However, in for a product that has been in
use for not less than 10 years, the plaintiff, in proving a prima facie case,
must do so without the benefit of any presumption.
(12)
(13) An action against
a state licensed architect or professional engineer or licensed professional
surveyor arising from professional services rendered is an action charging
malpractice subject to the period of limitation contained in subsection (8).(7).
(13)
(14) The periods of
limitation under this section are subject to any applicable period of repose
established in section 5838a, 5838b, or 5839.
(14)
(15) The amendments to
this section made by 2011 PA 162 apply to causes of action that accrue on or
after January 1, 2012.
(15)
(16) As used in this
section, :
(a)
"Adjudication" means an adjudication of 1 or more offenses under
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
(b)
"Criminal sexual conduct" means conduct prohibited under section
520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(c)
"Dating "dating
relationship" means frequent, intimate associations primarily
characterized by the expectation of affectional involvement. Dating
relationship does not include a casual relationship or an ordinary
fraternization between 2 individuals in a business or social context.
Sec. 5851b. (1) Notwithstanding sections
5805 and section 5851, and subject to subsection (3), an individual who , while a minor, is
the victim of criminal sexual conduct may commence an action to recover damages
sustained because of the criminal sexual conduct at any time before whichever
of the following is later:
(a)
Ten years after the time the claim accrues.
(b)
(a) The individual
reaches the age of 28 years.
(c)
(b) Three Six years after the
date the individual discovers, or through the exercise of reasonable diligence
should have discovered, both the individual's injury and the causal
relationship between the injury and the criminal sexual conduct.
(2) For purposes of subsection
(1), this section, it
is not necessary that for a criminal prosecution or other proceeding to have been brought as a result of the conduct or,
if a criminal prosecution or other proceeding was
has been brought, that for
the prosecution or proceeding to
have resulted in a conviction or adjudication.
(3) Regardless of any period of limitation under subsection
(1) or sections 5805 or section 5851, an individual who , while a minor, was the victim
of criminal sexual conduct after December 31, 1996 but
before 2 years before the effective date of the amendatory act that added this
section may commence an action against
the individual alleged to have committed the criminal sexual conduct or any
other person to recover damages sustained because of the criminal
sexual conduct within 90 days 1 year after the effective date of the 2021 amendatory act that added
amended this section if the person alleged to have committed the
criminal sexual conduct was convicted of criminal sexual conduct against any
person under section 520b of the Michigan penal code, 1931 PA 328, MCL
750.520b, and the defendant admitted either of the following applies:
(a) That the defendant The individual alleged to have committed the criminal sexual
conduct was in a position of authority over the victim as the
victim's physician and used that authority to coerce the victim to submit.
(b) That the defendant The individual alleged to have committed the criminal sexual
conduct engaged in purported medical treatment or examination of
the victim in a manner that is, or for purposes that are, medically recognized
as unethical or unacceptable.
(4) This section does not limit an individual's right to
bring an action under section 5851.
(5)
Nothing in this, any previous, or any subsequent act limits the availability of
causes of action permitted to a plaintiff, including causes of action against
persons other than the individual alleged to have committed the criminal sexual
conduct.
(6)
(5) As used in this
section:
(b) "Criminal sexual conduct" means that term as defined in section 5805.conduct prohibited under section 520b, 520c, 520d, 520e, or 520g of
the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d,
750.520e, and 750.520g.
(c)
"Person" means, as provided in section 3l of 1846 RS 1, MCL 8.3l, an individual, partnership, corporation,
association, governmental entity, or other legal entity.
Sec. 6431. (1)
Except as otherwise provided in this section, a claim may not be maintained
against this state unless the claimant, within 1 year after the claim has
accrued, files in the office of the clerk of the court of claims either a
written claim or a written notice of intention to file a claim against this
state or any of its departments, commissions, boards, institutions, arms, or
agencies.
(2) A claim or notice under subsection (1) must contain all
of the following:
(a) A statement of the time when and the place where the
claim arose.
(b) A detailed statement of the nature of the claim and of
the items of damage alleged or claimed to have been sustained.
(c) A designation of any department, commission, board,
institution, arm, or agency of the state involved in connection with the claim.
(d) A signature and verification by the claimant before an
officer authorized to administer oaths.
(3) A claimant shall furnish copies of a claim or notice
filed under subsection (1) to the clerk at the time of filing for transmittal
to the attorney general and to each of the departments, commissions, boards,
institutions, arms, or agencies of this state designated in the claim or
notice.
(4) For a claim against this state for property damage or
personal injuries, the claimant shall file the claim or notice under subsection
(1) with the clerk of the court of claims within 6 months after the event that
gives rise to the claim.
(5) This section does not apply to a
either of the following:
(a)
A claim for compensation under the wrongful imprisonment compensation act,
2016 PA 343, MCL 691.1751 to 691.1757.
(b)
A claim to which section 5851b applies.
Sec. 6452. (1)
Every claim against this state, cognizable by the court of claims, is forever
barred unless the claim is filed with the clerk of the court or an action is
commenced on the claim in federal court as authorized in section 6440, within 3
years after the claim first accrues.
(2) Except as modified by this section, chapter 58, relative
to the limitation of actions, also applies to the limitation under this
section.
(3) The attorney general has the same right as a creditor
under the statutes of this state to petition for the appointment of a personal
representative of the estate of a deceased person.
(4) The attorney general has the same right as a
superintendent of the poor under the statutes of this state to petition for the
appointment of a guardian of the estate of a minor or any other individual
under a disability.
(5) This section does not apply to a
either of the following:
(a)
A claim for compensation under the wrongful imprisonment compensation act,
2016 PA 343, MCL 691.1751 to 691.1757.
(b)
A claim to which section 5851b applies.
Enacting section 1. This amendatory act is
curative, must be retroactively applied, applies to actions pending on the
effective date of this amendatory act, and is intended to express the original
intent of the legislature regarding the application of the revised judicature
act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.