A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2013 PA 173, and by adding section 7d.
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.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
Reported with substitute H-3
Substitute H-3 concurred in by voice vote
1. Amend page 5, line 20, by striking out all of subsection (4) and renumbering the remaining subsection.
The amendment failed by voice vote
1. Amend page 5, line 1, after the second “conduct” by inserting “committed by an employee, agent, or student of the public university or college or school district”.
The amendment passed by voice vote
Passed in the House 58 to 52 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
