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MI HB4306

Bill

Status

Introduced

2/23/2021

Primary Sponsor

Karen Whitsett

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

HB4306 Summary

  • Extends the statute of limitations for civil actions by individuals victimized by criminal sexual conduct while a minor to the later of: 10 years after the claim accrues, age 28, or 6 years after discovering the injury and its causal relationship to the conduct.

  • Creates a one-year window for individuals victimized by criminal sexual conduct before the effective date to file civil actions against alleged perpetrators or other persons, regardless of other time limitations.

  • Removes the 10-year statute of limitations for criminal sexual conduct from Section 5805 and relocates related provisions to Section 5851b focusing specifically on minors.

  • Exempts claims under Section 5851b from the notice and filing requirements applicable to claims against the state in the Court of Claims (Sections 6431 and 6452).

  • Applies retroactively to pending actions and is declared curative to express the original legislative intent regarding the revised judicature act's application to sexual conduct claims.

Legislative Description

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.).

Civil procedure: statute of limitations

Last Action

Bill Electronically Reproduced 02/23/2021

2/24/2021

Committee Referrals

Oversight2/23/2021

Full Bill Text

No bill text available