2023 House Bill 4485

Criminal procedure: statute of limitations; statute of limitations for certain criminal sexual conduct violations; eliminate.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2018 PA 182.

House Fiscal Agency Analysis

House Bills 4482, 4483, 4484, and 4487 would amend the Revised Judicature Act to do all of the following: • Revise the statutes of limitations for when an adult or minor victim of a sexual assault may bring a civil action for damages sustained as a result of that assault to no longer differentiate between adult and minor victims. (HBs 4482 and 4483) • Eliminate the statute of limitations for criminal sexual conduct (CSC) if the offense was prosecuted and resulted in a conviction for CSC. (HB 4482) • Extend a window for commencing an action for CSC from three years from the time of the assault or discovery of the assault to seven years from that time and the maximum age of the victim from 28 years to 52 years, whichever comes later. (HB 4482) • Create a two-year window in which victims of CSC committed before the effective date of the bill could commence an action. (HB 4482) • Exempt certain claims for compensation for CSC from statutes of limitations that pertain to filing a claim against the state. (HBs 4484 and 4487) • Apply some provisions retroactively. (HBs 4484 and 4487) House Bill 4485 would eliminate the current statutes of limitations for a criminal indictment for CSC in the second or third degree and instead allow a criminal indictment to be found and filed at any time, regardless of the age of the alleged victim.

Introduced in the House

April 27, 2023

Introduced by Rep. Reggie Miller (D-31) and 29 co-sponsors

Co-sponsored by Reps. Julie Brixie (D-73), Christine Morse (D-40), Veronica Paiz (D-11), Jaime Churches (D-27), Penelope Tsernoglou (D-75), Mike McFall (D-8), Erin Byrnes (D-15), Cynthia Neeley (D-70), Denise Mentzer (D-61), Felicia Brabec (D-33), Noah Arbit (D-20), Jenn Hill (D-109), Tullio Liberati (D-2), Alabas Farhat (D-3), Jasper Martus (D-69), Jennifer Conlin (D-48), Jimmie Wilson (D-32), Carrie Rheingans (D-47), Helena Scott (D-7), Joey Andrews (D-38), Kara Hope (D-74), Natalie Price (D-5), Stephanie Young (D-16), Jim Haadsma (D-44), Rachel Hood (D-81), Emily Dievendorf (D-77), Samantha Steckloff (D-19), Abraham Aiyash (D-9) and Karen Whitsett (D-4)

Referred to the Committee on Criminal Justice

Oct. 31, 2023

Reported with substitute H-1

June 26, 2024

Substitute H-1 concurred in by voice vote

Substitute H-2 offered by Rep. Julie Brixie (D-73)

The substitute passed by voice vote

June 27, 2024

Passed in the House 57 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

July 30, 2024

Referred to the Committee on Civil Rights, Judiciary, and Public Safety