HB 6049

HOUSE BILL NO. 6049
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5805 (MCL 600.5805), as amended by
2018 PA 183.
the people of the state of michigan enact:
Sec. 5805. (1) A person shall not bring or
maintain an action to recover damages for injuries to persons or property
unless, after the claim first accrued to the plaintiff or to someone through
whom the plaintiff claims, the action is commenced within the periods of time
prescribed by this section.
(2) Except as
otherwise provided in this section, the period of limitations is 3 years after
the time of the death or injury for all actions to recover damages for the
death of a person or for injury to a person or property.
(3) Subject to
subsections (4) to (6), the period of limitations is 2 years for an action
charging assault, battery, or false imprisonment.
(4) Subject to
subsection (6), the period of limitations is 5 years for an action charging
assault or battery brought by a person who has been assaulted or battered by his or her the person's spouse
or former spouse, an individual with whom he or she
the person has had a child in common, or
a person with whom he or she the person who has been assaulted or battered resides
or formerly resided.
(5) Subject to
subsection (6), the period of limitations is 5 years for an action charging
assault and battery brought by a person who has been assaulted or battered by
an individual with whom he or she the person has or has had a dating relationship.
(6) The period of
limitations is 10 years for an action to
recover damages sustained because of criminal sexual conduct is as provided in section 5851b. For
purposes of this subsection, it is not necessary that a criminal prosecution or
other proceeding have been brought as a result of the conduct or, if a criminal
prosecution or other proceeding was brought, that the prosecution or proceeding
resulted in a conviction or adjudication.
(7) The period of
limitations is 2 years for an action charging malicious prosecution.
(8) Except as
otherwise provided in this chapter, the period of limitations is 2 years for an
action charging malpractice.
(9) The period of
limitations is 2 years for an action against a sheriff charging misconduct or
neglect of office by the sheriff or the sheriff's deputies.
(10) The period of
limitations is 2 years after the expiration of the year for which a constable
was elected for actions based on the constable's negligence or misconduct as
constable.
(11) The period of
limitations is 1 year for an action charging libel or slander.
(12) The period of
limitations is 3 years for a products liability action. However, in for a
product that has been in use for not less than 10 years, the plaintiff, in
proving a prima facie case, must do so without the benefit of any presumption.
(13) An action
against a state licensed architect or professional engineer or licensed
professional surveyor arising from professional services rendered is an action
charging malpractice subject to the period of limitation contained in
subsection (8).
(14) The periods of
limitation under this section are subject to any applicable period of repose
established in section 5838a, 5838b, or 5839.
(15) The amendments
to this section made by 2011 PA 162 apply to causes of action that accrue on or
after January 1, 2012.
(16) As used in
this section:
(a) "Adjudication" means an adjudication of 1 or
more offenses under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.1 to 712A.32.
(a) (b) "Criminal
sexual conduct" means conduct prohibited under
section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA
328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.that term as defined in section 5851b.
(b) (c) "Dating
relationship" means frequent, intimate associations primarily
characterized by the expectation of affectional involvement. Dating
relationship does not include a casual relationship or an ordinary
fraternization between 2 individuals in a business or social context.
Enacting section 1.
This amendatory act does not take effect unless all of the following bills of
the 103rd Legislature are enacted into law:
(a) Senate Bill No. 257.
(b) Senate Bill No. 259.