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SB 872 - Amends Statue of Limitations for Sexual Misconduct Cases Going Back until 1997 - Michigan Key Vote

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Legislation - Concurrence Vote Passed (Senate) (34-2) - (Key vote)
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Title: Amends Statue of Limitations for Sexual Misconduct Cases Going Back until 1997

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to concur with House amendment and pass a bill that amends the statues of limitations for sexual misconduct cases going back until 1997.

Highlights:

 

  • Authorizes that, regardless of any limitations mentioned in this bill, an individual that was a victim of sexual conduct that was a minor after December 31, 1996, but 2 years before the effective date of this bill, to commence an action to recover damages sustained because of criminal sexual conduct within 90 days after this bill is enacted if the individual alleged to have committed the crime was convicted of criminal sexual conduct against any individual, and the defendant admitted either of the following (Sec. 5851B):

    • The defendant was an individual in a position of authority over the victim as their physician and used that authority to coerce the victim to submit; or

    • The defendant engaged in purported medical treatment or examination of the victim in a manner that is, or for the purposes that are, medically recognized as unethical or unacceptable.

  • Specifies that the period of limitations is 10 years for an action recover damages sustained because of criminal sexual conduct (Sec. 5805).

  • Specifies that the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death or injury to a person or property except as specified in this bill (Sec. 5805).

  • Authorizes an individual who, while a minor, is the victim of a criminal sexual conduct to commence action to recover damages sustained at any time before (Sec. 5851B):

    • The individual reaches the age of 28 years; or

    • 3 years after the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct.

  • Specifies that it is not necessary that a criminal prosecution or other proceeding have been brought before the accused, or that the prosecution or proceeding has resulted in a conviction (Sec. 5851B).

Legislation - Bill Passed With Amendment (House) (98-10) - (Key vote)
See How Your Politicians Voted

Title: Amends Statue of Limitations for Sexual Misconduct Cases Going Back until 1997

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends the statues of limitations for sexual misconduct cases going back until 1997.

Highlights:

 

  • Authorizes that, regardless of any limitations mentioned in this bill, an individual that was a victim of sexual conduct that was a minor after December 31, 1996, but 2 years before the effective date of this bill, to commence an action to recover damages sustained because of criminal sexual conduct within 90 days after this bill is enacted if the individual alleged to have committed the crime was convicted of criminal sexual conduct against any individual, and the defendant admitted either of the following (Sec. 5851B):

    • The defendant was an individual in a position of authority over the victim as their physician and used that authority to coerce the victim to submit; or

    • The defendant engaged in purported medical treatment or examination of the victim in a manner that is, or for the purposes that are, medically recognized as unethical or unacceptable.

  • Specifies that the period of limitations is 10 years for an action recover damages sustained because of criminal sexual conduct (Sec. 5805).

  • Specifies that the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death or injury to a person or property except as specified in this bill (Sec. 5805).

  • Authorizes an individual who, while a minor, is the victim of a criminal sexual conduct to commence action to recover damages sustained at any time before (Sec. 5851B):

    • The individual reaches the age of 28 years; or

    • 3 years after the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct.

  • Specifies that it is not necessary that a criminal prosecution or other proceeding have been brought before the accused, or that the prosecution or proceeding has resulted in a conviction (Sec. 5851B).

Legislation - Bill Passed (Senate) (-) -

Title: Amends Statue of Limitations for Sexual Misconduct Cases Going Back until 1997

Legislation - Introduced (Senate) -

Title: Amends Statue of Limitations for Sexual Misconduct Cases Going Back until 1997

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