SB-0872, As Passed House, May 24, 2018

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 872

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582,

 

and by adding section 5851b.

 

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) (2) Subject to subsections (3) and (4) to (6), the period

 

of limitations is 2 years for an action charging assault, battery,

 

or false imprisonment.

 

     (4) (3) The Subject to subsection (6), 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) (4) The Subject to subsection (6), 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.

 

     (7) (5) The period of limitations is 2 years for an action

 

charging malicious prosecution.

 

     (8) (6) Except as otherwise provided in this chapter, the

 

period of limitations is 2 years for an action charging

 

malpractice.

 

     (9) (7) 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.

 

     (10) (8) 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.

 

     (11) (9) The period of limitations is 1 year for an action

 

charging libel or slander.

 

     (10) 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.

 

     (11) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property 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.

 

     (12) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property 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.

 

     (12) (13) The period of limitations is 3 years for a products

 

liability action. However, in the case of for a product that has

 

been in use for not less than 10 years, the plaintiff, in proving a

 

prima facie case, shall be required to must do so without the

 

benefit of any presumption.

     (13) (14) 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 (6).(8).

 

     (14) (15) The periods of limitation under this section are

 

subject to any applicable period of repose established in section

 

5838a, 5838b, or 5839.

 

     (15) (16) The amendments to this section made by 2011 PA 162

 

apply to causes of action that accrue on or after January 1, 2012.

 

     (16) (17) As used in this section: , "dating

 

     (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 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 5851, 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) The individual reaches the age of 28 years.

 

     (b) Three 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) Regardless of any period of limitation under subsection

 

(1) or sections 5805 or 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 to recover damages

 

sustained because of the criminal sexual conduct within 90 days

 

after the effective date of the amendatory act that added 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.

 

     (4) This section does not limit an individual's right to bring

 

an action under section 5851.

 

     (5) As used in this section:

 

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

 

     (b) "Criminal sexual conduct" means that term as defined in

 

section 5805.