Civil procedure: statute of limitations; civil actions for criminal sexual conduct; extend period of limitations, and add grace period for past occurrences. Amends sec. 5851b of 1961 PA 236 (MCL 600.5851b). TIE BAR WITH: SB 258'25, SB 259'25
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Progress
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- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends Michigan law to extend the statute of limitations for civil actions related to criminal sexual conduct experienced as a minor. It adds a grace period allowing victims to file lawsuits up to two years before the defendant’s conviction, provided the victim discovers the injury and its cause within a certain timeframe. Additionally, it revives claims made after December 31, 1996, if the defendant was convicted of similar conduct, and outlines specific circumstances under which a defendant’s admission can revive a claim. The bill also sets a cap on damages for previously time-barred claims.
Key provisions
- Extends the statute of limitations for civil actions related to criminal sexual conduct.
- Adds a grace period of two years from the defendant's conviction to file a lawsuit.
- Revives claims made after December 31, 1996, if the defendant was convicted of criminal sexual conduct.
- Allows a claim to be revived if the defendant admits to authority or unethical medical practices.
- Sets a $1,500,000.00 damage cap for previously time-barred claims.
- Defines ‘adjudication’ and ‘criminal sexual conduct’ for clarity.
- Specifies that a criminal prosecution doesn't need to result in a conviction to allow a civil action.
- Requires Senate Bills 258 and 259 to be enacted for this bill to take effect.
Who is affected
- Victims of criminal sexual conduct who were minors.
- Defendants accused of criminal sexual conduct.
Bill text
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Document of record
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- Senate Introduced Bill
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