Civil procedure: civil actions; immunity from civil action for individual who uses force in compliance with self-defense act; provide for. Amends secs. 2922b & 2922c of 1961 PA 236 (MCL 600.2922b & 600.2922c).
Impact
The reformation of sections 2922b and 2922c represents a significant shift in how self-defense cases may be treated under Michigan law. By establishing a legal presumption of immunity for individuals who successfully claim they acted in self-defense, this bill could lead to fewer civil lawsuits based on self-defense actions. Additionally, it would facilitate the awarding of attorney fees and other costs to defendants acquitted of criminal charges related to their use of deadly force. As such, the proposed law could decrease the financial burden on individuals who find themselves embroiled in legal disputes following defensive actions.
Summary
House Bill 4404 seeks to amend the Revised Judicature Act of 1961 in Michigan, specifically targeting sections that define self-defense and civil liability concerning the use of deadly force. The bill stipulates that an individual who uses or threatens to use deadly force in compliance with existing self-defense laws is granted immunity from civil damages arising from such actions. This provision is intended to provide legal protection to individuals who act in self-defense, thereby reducing their risk of being sued for damages related to their defensive actions. The bill not only addresses the criminal aspects of self-defense but also has significant implications for civil litigation surrounding such incidents.
Contention
While proponents of HB4404 argue that it bolsters the rights of individuals to defend themselves without the looming threat of civil liability, critics may express concerns about potential misuse. Detractors might argue that granting broad immunity could lead to a lack of accountability for actions taken in self-defense scenarios, potentially encouraging violence or reckless behavior. Furthermore, the distinction between justified self-defense and cases where excessive or unnecessary force is used could become blurred, raising ethical and legal dilemmas in future cases involving the use of force.
Civil procedure: civil actions; storage of firearms; provide civil liability for improper storage. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 2980 & 2981. TIE BAR WITH: HB 4144'23
Civil procedure: civil actions; civil action for making a false representation in assisted reproduction; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980. TIE BAR WITH: HB 4178'23
Civil procedure: other; civil actions for criminal sexual conduct; provide exception to notice requirements for actions filed in the court of claims. Amends sec. 6431 of 1961 PA 236 (MCL 600.6431). TIE BAR WITH: HB 4482'23
Civil procedure: other; civil actions for criminal sexual conduct; provide exception to notice requirements for actions filed in the court of claims. Amends sec. 6431 of 1961 PA 236 (MCL 600.6431). TIE BAR WITH: SB 1187'24
Civil procedure: civil actions; action for medical monitoring for individuals exposed to a proven toxic substance; provide for. Amends secs. 20126 & 20140 of 1994 PA 451 (MCL 324.20126 & 324.20140) & adds sec. 20136.
Civil procedure: civil actions; action for medical monitoring for individuals exposed to a proven toxic substance; provide for. Amends secs. 20126 & 20140 of 1994 PA 451 (MCL 324.20126 & 324.20140) & adds sec. 20136.
Civil procedure: civil actions; remedies for harm, injury, or death of a service animal; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Civil procedure: civil actions; remedies for harm, injury, or death of a service animal; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Civil procedure: statute of limitations; civil actions for criminal sexual conduct; modify period of limitations. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: HB 4484'23, HB 4482'23
Civil procedure: statute of limitations; civil actions for criminal sexual conduct; modify period of limitations. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: SB 1189'24, SB 1187'24
Civil procedure: civil actions; immunity from civil action for individual who uses force in compliance with self-defense act; provide for. Amends secs. 2922b & 2922c of 1961 PA 236 (MCL 600.2922b & 600.2922c).
Requires under certain circumstances development by certified school nurse of individualized health care plan and individualized emergency health care plan for student with life-threatening allergies or anaphylaxis.
Requires under certain circumstances development by certified school nurse of individualized health care plan and individualized emergency health care plan for student with life-threatening allergies or anaphylaxis.