SB-0872, As Passed Senate, March 14, 2018

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), (5), and (15) the

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

battery, or false imprisonment.

(4) (3) The Subject to subsection (15), 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 (15), 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) (5) The period of limitations is 2 years for an action

charging malicious prosecution.

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

period of limitations is 2 years for an action charging

malpractice.

(8) (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.

(9) (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.

(10) (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 Subject to subsection (15), 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 Subject to subsection (15), 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.

     (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.

     (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).(7).

     (15) The period of limitations is 10 years for an action based

on conduct that constitutes 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.

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

subject to any applicable period of repose established in section

5838a, 5838b, or 5839.

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

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

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

     (a) "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.

     (b) "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 section 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 the individual reaches

the age of 48 years.

     (2) This section applies to a claim based on criminal sexual

conduct that accrues after December 31, 1996. However, the

retroactive effect of this subsection is limited by both of the

following:

     (a) If the claim accrued after December 31, 1996 and before 3

years before the effective date of the amendatory act that added

this section, the action to recover damages for the claim must be

filed before 1 year after the effective date of the amendatory act

that added this section.

     (b) This subsection does not apply in either of the following

circumstances:

     (i) If all of the following apply:

     (A) The victim consented to the conduct.

     (B) The victim was at least 13 years of age but less than 16

years of age at the time of the conduct.

     (C) The individual who engaged in the conduct is not more than

4 years older than the victim.

     (ii) If all of the following apply:

     (A) The victim consented to the conduct.

     (B) The victim was 16 or 17 years of age at the time of the

conduct.

     (C) The victim was not under the custodial authority of the

individual who engaged in the conduct at the time of the conduct.

As used in this sub-subparagraph, "custodial authority" means that

term as defined in section 2 of the sex offenders registration act,

1994 PA 295, MCL 28.722.

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

an action under section 5851.

     (4) As used in this section, "criminal sexual conduct" means

that term as defined in section 5805.