SB-1187, As Passed Senate, December 13, 2024
SUBSTITUTE FOR
SENATE BILL NO. 1187
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5851b (MCL 600.5851b), as added by 2018 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5851b. (1) Notwithstanding sections 5805 and section
2 5851, and except as otherwise provided in this section, an
3 individual who , while a minor, is the victim of criminal sexual
4 conduct may commence an action to recover damages sustained because
5 of the criminal sexual conduct at any time before whichever of the
6 following is later:
7 (a) Ten years after the time the claim accrues.
8 (b) (a) The individual reaches the age of 28 42 years.
9 (c) (b) Three Seven years after the date the individual
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1 discovers, or through the exercise of reasonable diligence should
2 have discovered, both the individual's injury and the causal
3 relationship between the injury and the criminal sexual conduct.
4 (2) For purposes of subsection (1), it is not necessary that a
5 criminal prosecution or other proceeding have been brought as a
6 result of the conduct or, if a criminal prosecution or other
7 proceeding was brought, that the prosecution or proceeding resulted
8 in a conviction or adjudication.
9 (3) An action to recover damages sustained because of criminal
10 sexual conduct may be brought at any time without limitation if
11 there is a criminal prosecution brought as a result of the conduct
12 that results in a conviction for criminal sexual conduct.
13 (4) (3) Regardless of any period of limitation under
14 subsection (1) or sections 5805 or section 5851, the claim of an
15 individual who , while a minor, was the victim of criminal sexual
16 conduct after December 31, 1996 but before 2 years before the
17 effective date of the amendatory act that added this section
18 subsection (6) is revived and the individual may commence an action
19 to recover damages sustained because of the criminal sexual conduct
20 within 90 days before 1 year after the effective date of the
21 amendatory act that added this section if the person alleged to
22 have committed the criminal sexual conduct was convicted of
23 criminal sexual conduct against any person under section 520b of
24 the Michigan penal code, 1931 PA 328, MCL 750.520b, and the
25 defendant admitted either of the following:subsection (6).
26 (a) That the defendant was in a position of authority over the
27 victim as the victim's physician and used that authority to coerce
28 the victim to submit.
29 (b) That the defendant engaged in purported medical treatment
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1 or examination of the victim in a manner that is, or for purposes
2 that are, medically recognized as unethical or unacceptable.
3 (5) (4) This section does not limit an individual's right to
4 bring an action under section 5851.
5 (6) In an action to recover damages sustained because of
6 criminal sexual conduct that was barred by a time limitation under
7 this act before the effective date of the amendatory act that added
8 this subsection, a single claimant may not recover from a single
9 defendant more than $1,500,000.00 for damages arising from each
10 incident or occurrence.
11 (7) (5) As used in this section:
12 (a) "Adjudication" means that term as defined in section
13 5805.an adjudication of 1 or more offenses under chapter XIIA of
14 the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
15 (b) "Criminal sexual conduct" means that term as defined in
16 section 5805.conduct prohibited under section 520b, 520c, 520d,
17 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
18 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
19 (c) "Governmental agency" means that term as defined in
20 section 1 of 1964 PA 170, MCL 691.1401.
21 Enacting section 1. This amendatory act does not take effect
22 unless all of the following bills of the 102nd Legislature are
23 enacted into law:
24 (a) Senate Bill No. 1188.
25 (b) Senate Bill No. 1189.
Final Page
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Statutes affected: Senate Introduced Bill: 600.5851
As Passed by the Senate: 600.5851