April 22, 2004, Introduced by Reps. Ehardt, Mortimer, Brandenburg, Sak, Bieda and Vander Veen and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5851 (MCL 600.5851), as amended by 1993 PA
283.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5851. (1)
Except as otherwise provided in subsections
2 (7) and (8) subsection (2), (6), or (7), if the person
first
3 entitled to make an entry or bring an action under this act is
4 under less than 18 years of age or insane at the
time the claim
5 accrues, the person or
those claiming under the person shall
6 have 1 year after the disability is removed, through death or
7 otherwise, to make the entry or bring the action although the
8 period of limitations has
run. This section does not lessen
9 shorten the time provided
for in within which an action may be
10 commenced under section 5852.
1 (2) The term
insane as employed in this chapter means a
2 condition of mental
derangement such as to prevent the sufferer
3 from comprehending
rights he or she is otherwise bound to know
4 and is not dependent
on whether or not the person has been
5 judicially declared to
be insane.
6 (2) If a claim that arises from sexual conduct with a person
7 accrues when the person is less than 18 years of age, the person
8 or a person entitled to bring an action based on the claim has 2
9 years after the effective date of the amendatory act that added
10 this subsection or 20 years after the disability is removed,
11 whichever is later, to bring the action, regardless of whether
12 the period of limitations has run.
13 (3) To be considered
a disability under this section, the
14 infancy or insanity must exist at the time the claim accrues. If
15 the disability comes into
existence after the claim has accrued,
16 a court shall not
recognize the disability under this section for
17 the purpose of
modifying accrues, the period
of limitations is
18 not modified by this section.
19 (4) A person
shall not tack successive disabilities. A
20 court shall recognize
only Successive disabilities may
not be
21 tacked. Only those disabilities that exist at the time the claim
22 first accrues and that disable the person to whom the claim first
23 accrues for the
purpose of modifying modify the period of
24 limitations under this section.
25 (5) A court shall
recognize If both of the disabilities of
26 infancy or and
insanity that disable the person to whom the
27 a claim first accrues at the time the claim first accrues, both
1 disabilities apply under this section. A court shall count the
2 year A period of grace provided in this section from
begins on
3 the termination of the last disability to the person to whom the
4 claim originally accrued that has continued from the time the
5 claim accrued, whether this disability terminates because of the
6 death of the person disabled or for some other reason.
7 (6) With respect
to a claim accruing before the effective
8 date of the age of
majority act of 1971, Act No. 79 of the Public
9 Acts of 1971, being
sections 722.51 to 722.55 of the Michigan
10 Compiled Laws, the
disability of infancy is removed as of the
11 effective date of Act
No. 79 of the Public Acts of 1971, as to
12 persons who were at
least 18 years of age but less than 21 years
13 of age on January 1,
1972, and is removed as of the eighteenth
14 birthday of a person
who was under 18 years of age on January 1,
15 1972.
16 (6) (7) Except
as otherwise provided in subsection (8)
17 (7), if, at the time a claim alleging medical malpractice accrues
18 to a person under section 5838a the person has not reached his or
19 her eighth birthday, a person shall not bring an action based on
20 the claim unless the action is commenced on or before the
21 person's tenth birthday or within the period of limitations set
22 forth in section 5838a, whichever is later. If, at the time a
23 claim alleging medical malpractice accrues to a person under
24 section 5838a, the person has reached his or her eighth birthday,
25 he or she is subject to the period of limitations set forth in
26 section 5838a.
27 (7) (8) If,
at the time a claim alleging medical
1 malpractice accrues to a person under section 5838a, the person
2 has not reached his or her thirteenth birthday and if the claim
3 involves an injury to the person's reproductive system, a person
4 shall not bring an action based on the claim unless the action is
5 commenced on or before the person's fifteenth birthday or within
6 the period of limitations set forth in section 5838a, whichever
7 is later. If, at the time a claim alleging medical malpractice
8 accrues to a person under section 5838a, the person has reached
9 his or her thirteenth birthday and the claim involves an injury
10 to the person's reproductive system, he or she is subject to the
11 period of limitations set forth in section 5838a.
12 (8) (9) If
a person was serving a term of imprisonment on
13 the effective date of
the 1993 amendatory act that added this
14 subsection April 1, 1994, and that person has a cause of
action
15 to which the disability of imprisonment would have been
16 applicable under the former provisions of this section, an entry
17 may be made or an action may be brought under this act for that
18 cause of action within 1
year after the effective date of the
19 1993 amendatory act
that added this subsection April
1, 1994, or
20 within any other applicable period of limitation provided by
21 law.
22 (9) (10) If
a person died or was released from imprisonment
23 at any time within the
period of 1 year preceding the effective
24 date of the 1993
amendatory act that added this subsection April
25 1, 1994, and that person had a cause of action to which the
26 disability of imprisonment would have been applicable under the
27 former provisions of this section on the date of his or her death
1 or release from imprisonment, an entry may be made or an action
2 may be brought under this act for that cause of action within 1
3 year after the date of his or her death or release from
4 imprisonment, or within any other applicable period of limitation
5 provided by law.
6 (10) (11) As
used in this section: , "release
7 (a) "Insane" means suffering under a condition of mental
8 derangement that prevents the sufferer from comprehending rights
9 he or she is otherwise bound to know, and does not depend on
10 whether the individual has been judicially declared to be
11 insane.
12 (b) "Release from imprisonment" means either of the
13 following:
14 (i) (a) A
final release or discharge from imprisonment in a
15 county jail.
16 (ii) (b) Release
on parole or a final release or discharge
17 from imprisonment in a state or federal correctional facility.
18 (c) "Sexual conduct" means conduct proscribed by section
19 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931
20 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g,
21 regardless of whether the conduct was the subject of a criminal
22 prosecution or whether the conduct can be proved beyond a
23 reasonable doubt.