Bill Text: MI HB6252 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Civil procedure: statute of limitations; civil actions for criminal sexual conduct: extend, and add grace period for past occurrences. Amends sec. 5851b of 1961 PA 236 (MCL 600.5851b). TIE BAR WITH: HB 6253'20, HB 6254'20

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Introduced - Dead) 2020-09-24 - Bill Electronically Reproduced 09/23/2020 [HB6252 Detail]

Download: Michigan-2019-HB6252-Introduced.html

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HOUSE BILL NO. 6252

September 23, 2020, Introduced by Reps. Brixie, Pohutsky, Shannon, Yancey, Lasinski, Wittenberg, Cherry, Kuppa, Greig, Ellison, Tate, Coleman, Sneller, Stone, Cynthia Johnson, Hope, Hood, Sabo, Sowerby, Tyrone Carter, Manoogian, Hertel, Guerra, Brenda Carter, Kennedy, Chirkun, Hoadley, Pagan, Bolden, Warren, Garrett and Jones and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 5851b (MCL 600.5851b), as added by 2018 PA 183.

the people of the state of michigan enact:

Sec. 5851b. (1) Notwithstanding sections 5805 and section 5851, and except as provided otherwise in this section, 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 48 years.

(c) (b) Three Seven 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), 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.

(3) An action to recover damages sustained because of criminal sexual conduct may be brought at any time without limitation if there is a criminal prosecution brought as a result of the conduct that results in a conviction for criminal sexual conduct.

(4) (3) Regardless of any period of limitation under subsection (1) or sections 5805 or section 5851, the claim of 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 2020 amendatory act that added amended this section is revived and the individual may commence an action to recover damages sustained because of the criminal sexual conduct within 90 days before 2 years after the effective date of the 2020 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:

(a) That the defendant 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 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.

(5) (4) This section does not limit an individual's right to bring an action under section 5851.

(6) (5) As used in this section:

(a) "Adjudication" means that term as defined in section 5805.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 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.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 6254 (request no. 05466'19 *).

(b) Senate Bill No.____ or House Bill No. 6253 (request no. 06007'20 **).