An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2018 PA 182.
House Bills 4482, 4483, 4484, and 4487 would amend the Revised Judicature Act to do all of the following: • Revise the statutes of limitations for when an adult or minor victim of a sexual assault may bring a civil action for damages sustained as a result of that assault to no longer differentiate between adult and minor victims. (HBs 4482 and 4483) • Eliminate the statute of limitations for criminal sexual conduct (CSC) if the offense was prosecuted and resulted in a conviction for CSC. (HB 4482) • Extend a window for commencing an action for CSC from three years from the time of the assault or discovery of the assault to seven years from that time and the maximum age of the victim from 28 years to 52 years, whichever comes later. (HB 4482) • Create a two-year window in which victims of CSC committed before the effective date of the bill could commence an action. (HB 4482) • Exempt certain claims for compensation for CSC from statutes of limitations that pertain to filing a claim against the state. (HBs 4484 and 4487) • Apply some provisions retroactively. (HBs 4484 and 4487) House Bill 4485 would eliminate the current statutes of limitations for a criminal indictment for CSC in the second or third degree and instead allow a criminal indictment to be found and filed at any time, regardless of the age of the alleged victim.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
Reported with substitute H-1
Substitute H-1 concurred in by voice vote
Substitute H-2 offered
by
The substitute passed by voice vote
Passed in the House 57 to 53 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Discharged from committee
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 27 to 11 (details)
