HOUSE BILL NO. 4814
June 15, 2023, Introduced by Reps. Breen and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1410, 2005, 2162, 2807, 3344, 5451, 6023a, and
6131 (MCL 600.1410, 600.2005, 600.2162, 600.2807, 600.3344,
600.5451, 600.6023a, and 600.6131), section 2162 as amended by 2001
PA 11, section 2807 as added by 2004 PA 136, section 5451 as
amended by 2012 PA 451, and section 6023a as added by 2004 PA 575.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1410. If 2 person individuals have lived together as
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1 husband and wife, spouses and a legal impediment existed to the
2 marriage of either of the persons, individuals, their issue and the
3 person individual that entered the relation in the good faith good-
4 faith belief that the marriage was lawful are entitled to the same
5 damages in a civil action as though no such impediment existed,
6 when if the other of such persons the individuals or their issue is
7 injured or dies as a result of the negligent act or omission of
8 another.
9 Sec. 2005. No A suit may not be brought against husband and
10 wife, an individual and the individual's spouse, jointly, or
11 against the husband spouse alone, for any tort of the wife,
12 individual, unless such the tort was committed under such
13 circumstances as to render them both liable.
14 Sec. 2162. (1) In a civil action or administrative proceeding,
15 a husband shall spouse may not be examined as a witness for or
16 against his wife or her spouse without her the spouse's consent, or
17 a wife for or against her husband without his consent, except as
18 provided in subsection (3).
19 (2) In a criminal prosecution, a husband shall spouse may not
20 be examined as a witness for or against his wife or her spouse
21 without his the spouse's consent, or a wife for or against her
22 husband without her consent, except as provided in subsection (3).
23 (3) The spousal privileges established in subsections (1) and
24 (2) and the confidential communications privilege established in
25 subsection (7) do not apply in any of the following:
26 (a) In a suit for divorce, separate maintenance, or annulment.
27 (b) In a prosecution for bigamy.
28 (c) In a prosecution for a crime committed against a child of
29 either or both or a crime committed against an individual who is
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1 younger than 18 years of age.
2 (d) In a cause of action that grows out of a personal wrong or
3 injury done by one to the other or that grows out of the refusal or
4 neglect to furnish the spouse or children with suitable support.
5 (e) In a case of desertion or abandonment.
6 (f) In a case in which the husband or wife spouse is a party
7 to the record in a suit, an action , or proceeding if the title to
8 the separate property of the husband or wife spouse called or
9 offered as a witness, or if the title to property derived from,
10 through, or under the husband or wife spouse called or offered as a
11 witness, is the subject matter in controversy or litigation in the
12 suit, action , or proceeding, in opposition to the claim or
13 interest of the other spouse, who is a party to the record in the
14 suit, action , or proceeding. In all such cases, the husband or
15 wife spouse who makes the claim of title, or under or from whom the
16 title is derived, shall be is as competent to testify in relation
17 to the separate property and the title to the separate property
18 without the consent of the husband or wife, other spouse, who is a
19 party to the record in the suit, action , or proceeding, as though
20 the marriage relation did not exist.
21 (4) Except as otherwise provided in subsections (5) and (6), a
22 married person individual or a person an individual who has been
23 married previously shall may not be examined in a civil action or
24 administrative proceeding as to any communication made between that
25 person individual and his or her spouse or former spouse during the
26 marriage.
27 (5) A married person individual may be examined in a civil
28 action or administrative proceeding, with his or her consent, as to
29 any communication made between that person individual and his or
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1 her spouse during the marriage regarding a matter described in
2 subsection (3).
3 (6) A person An individual who has been married previously may
4 be examined in a civil action or administrative proceeding, with
5 his or her consent, as to any communication made between that
6 person individual and his or her former spouse during the marriage
7 regarding a matter described in subsection (3).
8 (7) Except as otherwise provided in subsection (3), a married
9 person individual or a person an individual who has been married
10 previously shall may not be examined in a criminal prosecution as
11 to any communication made between that person individual and his or
12 her spouse or former spouse during the marriage without the consent
13 of the person individual to be examined.
14 (8) In an action or proceeding instituted by the husband or
15 wife, a spouse in consequence of adultery, the husband and wife
16 spouses are not competent to testify.
17 Sec. 2807. (1) A judgment lien does not attach to an interest
18 in real property owned as tenants by the entirety unless the
19 underlying judgment is entered against both the husband and
20 wife.spouses.
21 (2) With the following exceptions, a judgment lien has
22 priority over a lien recorded with the register of deeds after the
23 notice of judgment lien is recorded:
24 (a) A purchase money mortgage.
25 (b) A mortgage to the extent that proceeds of the mortgage are
26 used to pay 1 or more of the following:
27 (i) Purchase money mortgage debt.
28 (ii) A subsequent refinancing of purchase money mortgage debt.
29 (iii) A nonpurchase money mortgage recorded before attachment of
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1 the judgment lien.
2 (c) A lien that secures an advance made under a previously
3 recorded future-advance mortgage.
4 (d) A lien that has or acquires priority by operation of law.
5 (e) A claim of lien recorded with the register of deeds under
6 section 111 of the construction lien act, 1980 PA 497, MCL
7 570.1111.
8 (f) A lien for unpaid assessments or charges due to a
9 condominium association, homeowners' association, or property
10 owners' association that arises from or pursuant to recorded
11 restrictions that run with the land.
12 (g) A state or federal tax lien.
13 (3) If property subject to a judgment lien recorded under this
14 chapter is sold or refinanced, proceeds of the sale or refinancing
15 due to a judgment creditor are limited to the judgment debtor's
16 equity in the property at the time of the sale or refinancing after
17 all liens senior to the judgment lien, property taxes, and costs
18 and fees necessary to close the sale or refinancing are paid or
19 extinguished.
20 Sec. 3344. Any A married woman individual may release her the
21 individual's right, interest, or estate to her husband the
22 individual's spouse and lawfully acknowledge this release. If the
23 release is executed outside of this state it shall must be
24 executed, acknowledged, and certified as the laws of this state
25 require for the execution, acknowledgment, and certification of
26 deeds in any other state, territory, or district of the United
27 States. Upon On the release, the shares of the sale arising from
28 her the individual's contingent interest shall must be paid to her.
29 the individual. This release shall be is a bar to her the
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1 individual's right, estate, or claim.
2 Sec. 5451. (1) A debtor in bankruptcy under the bankruptcy
3 code, 11 USC 101 to 1532, may exempt from property of the estate
4 property that is exempt under federal law or, under 11 USC
5 522(b)(2), the following property:
6 (a) All of the following:
7 (i) Family pictures.
8 (ii) Arms and accoutrements required by law to be kept by a
9 person.
10 (iii) Wearing apparel, excluding furs.
11 (iv) Cemeteries, tombs, and rights of burial in use as
12 repositories for the dead of the debtor's family or kept for burial
13 of the debtor.
14 (v) Professionally prescribed health aids.
15 (b) Provisions and fuel for comfortable subsistence of each
16 householder and his or her family for 6 months.
17 (c) The interest, not to exceed a value of $450.00 in each
18 item and an aggregate value of $3,000.00, in household goods,
19 furniture, utensils, books, appliances, and jewelry.
20 (d) The interest, not to exceed $500.00 in value, in a seat,
21 pew, or slip occupied by the debtor or the debtor's family in a
22 house or place of public worship.
23 (e) The interest, not to exceed $2,000.00 in value, in crops,
24 farm animals, and feed for the farm animals.
25 (f) The interest, not to exceed $500.00 in value, in household
26 pets.
27 (g) The interest, not to exceed $2,775.00 in value, in 1 motor
28 vehicle.
29 (h) The interest, not to exceed $500.00 in value, in 1
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1 computer and its accessories.
2 (i) The interest, not to exceed $2,000.00 in value, in the
3 tools, implements, materials, stock, apparatus, or other things to
4 enable a person to carry on the profession, trade, occupation, or
5 business in which the person is principally engaged.
6 (j) Money or other benefits paid, provided, allowed to be paid
7 or provided, or allowed, by a stock or mutual life, health, or
8 casualty insurance company because of the disability due to injury
9 or sickness of an insured person, whether the debt or liability of
10 the insured person or beneficiary was incurred before or after the
11 accrual of benefits under the insurance policy or contract, except
12 that this exemption does not apply to actions to recover for
13 necessities contracted for after the accrual of the benefits.
14 (k) All individual retirement accounts, including Roth IRAs,
15 or individual retirement annuities as defined in section 408 or
16 408a 408A of the internal revenue code of 1986, 26 USC 408 and
17 408a, 408A, and the payments or distributions from those accounts
18 or annuities. This exemption applies to the operation of the
19 federal bankruptcy code as permitted by section 522(b)(2) of the
20 bankruptcy code, 11 USC 522. This exemption does not apply to the
21 amount contributed to an individual retirement account or
22 individual retirement annuity within 120 days before the debtor
23 files for bankruptcy. This exemption does not apply to any of the
24 following:
25 (i) The portion of an individual retirement account or
26 individual retirement annuity that is subject to an order of a
27 court pursuant to a judgment of divorce or separate maintenance.
28 (ii) The portion of an individual retirement account or
29 individual retirement annuity that is subject to an order of a
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1 court concerning child support.
2 (iii) The portion of an individual retirement account or
3 individual retirement annuity that is attributable to contributions
4 to the individual retirement account or premiums on the individual
5 retirement annuity, including the earnings or benefits from those
6 contributions or premiums, that, in the tax year made or paid,
7 exceeded the deductible amount allowed under section 408 of the
8 internal revenue code of 1986, 26 USC 408. This limitation on
9 contributions does not apply to a rollover of a pension, profit-
10 sharing, stock bonus plan, or other plan that is qualified under
11 section 401 of the internal revenue code of 1986, 26 USC 401, or an
12 annuity contract under section 403(b) of the internal revenue code
13 of 1986, 26 USC 403.
14 (l) The right or interest of a person in a pension, profit-
15 sharing, stock bonus, or other plan that is qualified under section
16 401 of the internal revenue code of 1986, 26 USC 401, or an annuity
17 contract under section 403(b) of the internal revenue code of 1986,
18 26 USC 403, if the plan or annuity is subject to the employee
19 retirement income security act of 1974, Public Law 93-406. , 88
20 Stat. 829. This exemption does not apply to any amount contributed
21 to a pension, profit-sharing, stock bonus, or other qualified plan
22 or a 403(b) annuity if the contribution occurs within 120 days
23 before the debtor files for bankruptcy. This exemption does not
24 apply to the right or interest of a person in a pension, profit-
25 sharing, stock bonus, or other qualified plan or a 403(b) annuity
26 to the extent that the right or interest is subject to either of
27 the following:
28 (i) An order of a court pursuant to a judgment of divorce or
29 separate maintenance.
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1 (ii) An order of a court concerning child support.
2 (m) The interest of the debtor, the codebtor, if any, and the
3 debtor's dependents, not to exceed $30,000.00 in value or, if the
4 debtor or a dependent of the debtor at the time of the filing of
5 the bankruptcy petition is 65 years of age or older or disabled,
6 not to exceed $45,000.00 in value, in a homestead.
7 (n) Property described in section 1 of 1927 PA 212, MCL
8 557.151, or real property, held jointly by a husband and wife
9 spouses as a tenancy by the entirety, except that this exemption
10 does not apply with regard to a claim based on a joint debt of the
11 husband and wife.spouses.
12 (o) If the owner of a homestead dies, leaving a surviving
13 spouse but no children, the surviving spouse before his or her
14 remarriage, unless the surviving spouse is the owner of a homestead
15 in his or her own right, may exempt the homestead and the rents and
16 profits of the homestead.
17 (2) An exemption under this section does not apply to a
18 mortgage, lien, or security interest in the exempt property that is
19 consensually given or lawfully obtained unless the lien is obtained
20 by judgment, attachment, levy, or similar legal process in
21 connection with a court action or proceeding against the debtor.
22 (3) If property that is exempt under this section is sold,
23 damaged, destroyed, or acquired for public use, the right to
24 receive proceeds or, if the owner receives proceeds and holds them
25 in a manner that makes them identifiable as proceeds, the proceeds
26 received are exempt from the property of a federal bankruptcy
27 estate in the same manner and amount as the exempt property. An
28 exemption under this subsection may be claimed up to 1 year after
29 the receipt of the proceeds by the owner.
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1 (4) On March 1, 2005 and at the end of each 3-year period
2 after 2005, the state treasurer shall adjust each dollar amount in
3 this section or, for each adjustment after March 1, 2005, each
4 adjusted amount, by an amount determined by the state treasurer to
5 reflect the cumulative change in the consumer price index Consumer
6 Price Index for the 3-year period ending on the December 31
7 preceding the adjustment date and rounded to the nearest $25.00.
8 The state treasurer shall publish the adjusted amounts. The
9 adjusted amounts apply to cases filed on or after April 1 following
10 the adjustment date.
11 (5) As used in this section:
12 (a) "Consumer price index" Price Index" means the consumer
13 price index Consumer Price Index for all urban consumers in the
14 area of Detroit-Ann Arbor-Flint, Michigan, published by the United
15 States department of labor Department of Labor or, if the United
16 States department of labor Department of Labor ceases publishing
17 that index, the most similar index available.
18 (b) "Disabled" means unable to engage in substantial gainful
19 activity, as defined by determined under 42 USC 1382c(a)(3)(E), as
20 a result of a physical or mental impairment and receiving
21 supplemental security income under 42 USC 1382c(a)(3)(A) and (C).
22 (c) "Proceeds" means money payable or paid as a result of 1 or
23 more of the following:
24 (i) Sale of the property.
25 (ii) Insurance or other indemnification for damage or
26 destruction of the property.
27 (iii) Compensation for the acquisition for public use of the
28 property.
29 (d) "Homestead" means 1 of the following owned or being
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