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
The amendments brought forth by HB4483 will create distinct limitations for various types of civil actions. Most actions, generally, will have a 3-year period for claims regarding personal injury or property damage, while specific actions such as assault, battery, or false imprisonment will have a shorter, 2-year limit. Additionally, distinct provisions are set for assaults or batteries conducted by intimate partners, allowing a 5-year period for claims. These changes represent a significant shift in how claims are prosecuted within Michigan, potentially influencing the legal landscape for personal injury claims.
House Bill 4483 proposes amendments to the Revised Judicature Act of 1961, specifically focusing on the statute of limitations for various civil actions. This bill aims to modify the timeframes within which individuals can file lawsuits for personal injuries, property damage, and criminal sexual conduct. Notably, the bill establishes a 10-year limitation period for actions based on criminal sexual conduct, reflecting a response to concerns that survivors often take significant time to come forward with their allegations. This longer period aims to ensure that victims have adequate time to seek justice legally.
While the bill has garnered support for its provisions regarding sexual assault survivors, concerns have been raised regarding the adjustment of limitations for other civil actions. Some critics argue that shortening the timeframes for filing assault-based claims may inhibit victims' ability to seek redress, especially given the sensitive nature of such incidents. Additionally, the bill is tied to other legislative proposals, meaning its enactment hinges on the passage of associated bills, potentially leading to political contention surrounding their collective progress.