April 24, 2007, Introduced by Reps. Emmons, Robertson, Nitz, Meekhof, Hoogendyk, Meltzer, Elsenheimer, Casperson, Shaffer, Hansen, Steil, Stahl, Hune, Opsommer, Agema, Amos, Moolenaar, Huizenga, Green, Pearce, Horn and Calley and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2977.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2977. (1) An action may be brought by or on behalf of an
individual injured by a coercive act. Subject to subsection (2), a
plaintiff in an action under this section may recover damages for
emotional distress and other damages allowed by law.
(2) If the damages awarded to a plaintiff in an action under
this section for noneconomic loss exceed $5,000.00 and damages
awarded to the plaintiff in the action for economic loss are
$5,000.00 or less, the award for noneconomic loss shall be reduced
by the court to $5,000.00.
(3) A person shall not bring or maintain an action under this
section unless the action is commenced within either of the
following periods:
(a) Three years after the claim first accrues to the
individual injured by the coercive act.
(b) If the individual injured by the coercive act is less than
18 years of age at the time the claim first accrues, 1 year after
the individual reaches 18 years of age.
(4) This section does not create a right to abortion.
Notwithstanding any provision of this section, a person shall not
perform an abortion that is prohibited by law.
(5) As used in this section:
(a) "Coercive act" means an act that is prohibited by section
15a of the Michigan penal code, 1931 PA 328, MCL 750.15a.
(b) "Economic loss" means that term as defined in section
2945.
(c) "Emotional distress" means significant mental suffering or
distress that may, but does not necessarily, require medical or
other professional treatment or counseling.
(d) "Noneconomic loss" means that term as defined in section
2945.
Enacting section 1. This amendatory act takes effect October
1, 2007.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4655(request no.
01753'07).
(b) Senate Bill No.____ or House Bill No.____ (request no.
01754'07).
(c) Senate Bill No.____ or House Bill No. 4653(request no.
01756'07).
(d) Senate Bill No.____ or House Bill No. 4654(request no.
01756'07 a).