HB-4524, As Passed Senate, February 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4524

 

 

April 25, 2017, Introduced by Reps. VanSingel and Johnson and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 6312 (MCL 600.6312), as added by 1995 PA 249.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6312. A defendant that is found liable for an act or

 

omission that causes personal injury, property damage, or wrongful

 

death is jointly and severally liable if the defendant's act or

 

omission is any of the following:

 

     (a) A crime, an element of which is gross negligence, for

 

which the defendant is convicted.

 

     (b) A crime, involving an element of which is the use of

 

alcohol or a controlled substance, for which the defendant is

 

convicted and that is a violation of 1 or more of the following:

 

     (i) Section 14 Conduct that violated former section 14 of the

 

explosives act of 1970, Act No. 202 of the Public Acts of 1970,

being section 29.54 of the Michigan Compiled Laws.1970 PA 202.

 

     (ii) Section 111 of the Michigan code of military justice of

 

1980, Act No. 523 of the Public Acts of 1980, being section 32.1111

 

of the Michigan Compiled Laws.1980 PA 523, MCL 32.1111.

 

     (iii) Section 625 of the Michigan vehicle code, Act No. 300 of

 

the Public Acts of 1949, being section 257.625 of the Michigan

 

Compiled Laws.1949 PA 300, MCL 257.625.

 

     (iv) Section 185 of the Aeronautics code of the state of

 

Michigan, Act No. 327 of the Public Acts of 1945, being section

 

259.185 of the Michigan Compiled Laws.1945 PA 327, MCL 259.185.

 

     (v) Section 80176, of part 801 (marine safety), 81134, of part

 

811 (off-road recreation vehicles), or 82127 of part 821

 

(snowmobiles) of the natural resources and environmental protection

 

act, Act No. 451 of the Public Acts of 1994, being sections

 

324.80176, 324.81134, and 324.82127 of the Michigan Compiled Laws.

 

1994 PA 451, MCL 324.80176, 324.81134, and 324.82127.

 

     (vi) Section 353 of the railroad code of 1993, Act No. 354 of

 

the Public Acts of 1993, being section 462.353 of the Michigan

 

Compiled Laws.1993 PA 354, MCL 462.353.

 

     (vii) Section 237 of the Michigan penal code, Act No. 328 of

 

the Public Acts of 1931, being section 750.237 of the Michigan

 

Compiled Laws.1931 PA 328, MCL 750.237.

 

     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 Senate Bill No.____ or House Bill No. 4523 (request no.

 

02512'17) of the 99th Legislature is enacted into law.