Act No. 451

Public Acts of 2004

Approved by the Governor

December 21, 2004

Filed with the Secretary of State

December 28, 2004

EFFECTIVE DATE: March 28, 2005

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Sanborn and Bishop

ENROLLED SENATE BILL No. 1386

AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL600.101 to 600.9947) by adding section 2917a.

The People of the State of Michigan enact:

Sec. 2917a. The owner or lessee of a theatrical facility where a motion picture is being exhibited or the authorized agent or employee of the owner or lessee who alerts a law enforcement agency of an alleged violation of section 465a of the Michigan penal code, 1931 PA 328, MCL 750.465a, and who takes measures, while awaiting the arrival of law enforcement authorities, to detain an individual who the owner, lessee, agent, or employee has probable cause to believe committed the violation is not liable in a civil action arising out of the measures taken unless the plaintiff shows that 1or both of the following apply:

(a) The measures taken were unreasonable.

(b) The period of detention was unreasonably long.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5347 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor