Act No. 78
Public Acts of 2017
Approved by the Governor
July 11, 2017
Filed with the Secretary of State
July 11, 2017
EFFECTIVE DATE: October 9, 2017
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2017
Introduced by Rep. Griffin
ENROLLED HOUSE BILL No. 4661
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 2978.
The People of the State of Michigan enact:
Sec. 2978. (1) An individual who is a victim of female genital mutilation may bring an action, in a court of competent jurisdiction, for damages sustained because of the female genital mutilation.
(2) In an action under this section, the court may award all of the following:
(a) Three times the amount of actual damages sustained.
(b) Damages for noneconomic loss.
(c) Costs and reasonable attorney fees.
(3) The remedy provided by this section is in addition to any other right or remedy the individual may have at law or otherwise.
(4) As used in this section:
(a) “Female genital mutilation” means that term as defined in section 5851a.
(b) “Noneconomic loss” means damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, loss of consortium, or other noneconomic loss.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:
(a) Senate Bill No. 337.
(b) House Bill No. 4641.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor