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HOUSE BILL NO. 6047
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:
Sec. 5851b. (1) Notwithstanding sections 5805 and section 1
5851, and except as otherwise provided in this section, an 2
individual who , while a minor, is the victim of criminal sexual 3
conduct may commence an action to recover damages sustained because 4
of the criminal sexual conduct at any time before whichever of the 5
June 04, 2026, Introduced by Reps. Brixie, Miller, Morgan, Dievendorf, Price, Myers -Phillips,
Martus, Hope, Arbit, Steckloff, McFall, Andrews, Byrnes, Paiz, Rheingans, MacDonell,
Wilson, Young, Tsernoglou, Conlin and Scott and referred to Committee on Judiciary.
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following is later: 1
(a) Ten years after the time the claim accrues. 2
(b) (a) The individual reaches the age of 28 42 years. 3
(c) (b) Three Seven years after the date the individual 4
discovers, or through the exercise of reasonable diligence should 5
have discovered, both the individual's injury and the causal 6
relationship between the injury and the criminal sexual conduct. 7
(2) For purposes of subsection (1), it is not necessary that a 8
criminal prosecution or other proceeding have been brought as a 9
result of the conduct or, if a criminal prosecution or other 10
proceeding was brought, that the prosecution or proceeding resulted 11
in a conviction or adjudication. 12
(3) An action to recover damages sustained because of criminal 13
sexual conduct may be brought at any time without limitation if 14
there is a criminal prosecution brought as a result of the conduct 15
that results in a conviction for criminal sexual conduct. 16
(4) (3) Regardless of any period of limitation under 17
subsection (1) or sections 5805 or section 5851, the claim of an 18
individual who , while a minor, was the victim of criminal sexual 19
conduct after December 31, 1996 but before 2 years before the 20
effective date of the amendatory act that added this section 21
subsection (6) is revived and the individual may commence an action 22
to recover damages sustained because of the criminal sexual conduct 23
within 90 days before 1 year after the effective date of the 24
amendatory act that added this section if the person alleged to 25
have committed the criminal sexual conduct was convicted of 26
criminal sexual conduct against any person under section 520b of 27
the Michigan penal code, 1931 PA 328, MCL 750.520b, and the 28
defendant admitted either of the following:subsection (6). 29
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(a) That the defendant was in a position of authority over the 1
victim as the victim's physician and used that authority to coerce 2
the victim to submit. 3
(b) That the defendant engaged in purported medical treatment 4
or examination of the victim in a manner that is, or for purposes 5
that are, medically recognized as unethical or unacceptable. 6
(5) (4) This section does not limit an individual's right to 7
bring an action under section 5851. 8
(6) In an action to recover damages sustained because of 9
criminal sexual conduct that was barred by a time limitation under 10
this act before the effective date of the amendatory act that added 11
this subsection, a single claimant may not recover from a single 12
defendant more than $1,500,000.00 for damages arising from each 13
incident or occurrence. 14
(7) (5) As used in this section: 15
(a) "Adjudication" means that term as defined in section 16
5805.an adjudication of 1 or more offenses under chapter XIIA of 17
the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. 18
(b) "Criminal sexual conduct" means that term as defined in 19
section 5805.conduct prohibited under section 520b, 520c, 520d, 20
520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 21
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. 22
Enacting section 1. This amendatory act does not take effect 23
unless all of the following bills of the 103rd Legislature are 24
enacted into law: 25
(a) Senate Bill No. 258. 26
(b) Senate Bill No. 259. 27