2009 House Bill 5033

Revise statute of limitations law

Introduced in the House

June 2, 2009

Introduced by Rep. Dan Scripps (D-101)

To apply the "tolling" of statute of limitations for criminal offences actions against minor children or the "insane," so that this "stopping the clock" provision applies to actions arising under any state statute, including lawsuits permitted under the no-fault auto insurance law. The bill also adds a definition of “insane” for purposes of this statute: “suffering under a condition of mental derangement that prevents the sufferer from comprehending rights he or she is otherwise bound to know, regardless of whether the individual has been judicially declared to be insane”.

Referred to the Committee on Judiciary

June 3, 2009

Reported without amendment

Without amendment and with the recommendation that the bill pass.

June 9, 2009

Substitute offered by Rep. Tonya Schuitmaker (R-80)

To replace the previous version of the bill with one that that does not include insurance code lawsuits within its scope.

The substitute failed by voice vote

Passed in the House 107 to 1 (details)

Received in the Senate

June 11, 2009

Referred to the Committee on Economic Development and Regulatory Reform

Dec. 2, 2010

Substitute offered

To not revise the statute of limitations law, but instead use the bill as a "vehicle" to study the state's indigent criminal defendant defense system.

The substitute passed by voice vote

Passed in the Senate 20 to 12 (details)

To create a state "Indigent Defense Council" to study and make recommendations for overhauling the state's system for courts appointing a lawyer for criminal defendant's who can't afford to hire one.

Received in the House

Dec. 3, 2010