Michigan House Bill HB4482

Michigan 2023-2024 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23
• Report Pass: 10/31/23

Caption

Civil procedure: statute of limitations; civil actions for criminal sexual conduct; extend period of limitations, and add grace period for past occurrences. Amends sec. 5851b of 1961 PA 236 (MCL 600.5851b). TIE BAR WITH: HB 4484'23, HB 4483'23

Impact

If enacted, the bill would significantly enhance the rights of minor victims of criminal sexual conduct, allowing for prolonged periods within which they can seek justice through civil courts. This change aims to empower victims to come forward without the constraints of a strict timeline, addressing concerns that many victims may not be prepared to take legal action immediately following their trauma. The implications are profound, as the ability to pursue justice may lead to increased accountability for perpetrators, especially those who are in positions of authority or trust.

Summary

House Bill 4482 seeks to amend the Revised Judicature Act of 1961 by revising the statute of limitations for civil actions related to criminal sexual conduct against minors. The bill allows victims of criminal sexual conduct, when they were minors, to file civil actions to recover damages at any time before reaching the age of 52 or within ten years of the injury claim's accrual, whichever is longer. Additionally, it provides a grace period of 90 days for individuals who were victims of such conduct after December 31, 1996, allowing them to bring forth claims that may have previously been barred by statute limitations.

Contention

The discussions surrounding HB 4482 highlight tensions between victim advocacy groups and certain legal factions concerned about the implications of opening extended civil liability periods. Supporters argue that the bill addresses the needs of victims, allowing them more time to recover and prepare their cases, while critics raise concerns about potential challenges in defense against older claims. The notion of reviving previously barred claims also presents points of contention, as it could create complexities in how the law is applied in cases with older allegations.