March 8, 2005, Introduced by Reps. Condino, Bieda, Anderson, Tobocman, Alma Smith, Lemmons, III, Zelenko and Wenke 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:
Sec.
5851. (1) Except as otherwise provided in subsections
(7)
and (8) subsection (2), (6), or (7), if the person first
entitled
to make an entry or bring an action under this act is
under
less than 18 years of age or
insane at the time the claim
accrues,
the person or those claiming under the person shall have
1 year after the disability is removed, through death or otherwise,
to make the entry or bring the action although the period of
limitations
has run. This section does not lessen shorten the
time
provided for in within
which an action may be commenced
under section 5852.
(2)
The term insane as employed in this chapter means a
condition
of mental derangement such as to prevent the sufferer
from
comprehending rights he or she is otherwise bound to know and
is
not dependent on whether or not the person has been judicially
declared
to be insane.
(2) If a claim that arises from sexual conduct with a person
accrues when the person is less than 18 years of age, the person or
a person entitled to bring an action based on the claim has 2 years
after the effective date of the amendatory act that added this
subsection or 20 years after the disability is removed, whichever
is later, to bring the action, regardless of whether the period of
limitations has run.
(3)
To be considered a disability
under this section, the
infancy or insanity must exist at the time the claim accrues. If
the
disability comes into existence after the claim has accrued, a
court
shall not recognize the disability under this section for the
purpose
of modifying accrues,
the period of limitations is not
modified by this section.
(4)
A person shall not tack successive disabilities. A court
shall
recognize only Successive disabilities may not be tacked.
Only those disabilities that exist at the time the claim first
accrues
and that disable the person to whom the claim first accrues
for
the purpose of modifying modify
the period of limitations
under this section.
(5)
A court shall recognize If both of the disabilities of
infancy
or and insanity that disable the person to whom the
a
claim first accrues at the time the claim first accrues, both
disabilities
apply under this section. A court
shall count the
year
A period of grace provided
in this section from begins
on
the termination of the last disability to the person to whom the
claim originally accrued that has continued from the time the claim
accrued, whether this disability terminates because of the death of
the person disabled or for some other reason.
(6)
With respect to a claim accruing before the effective
date
of the age of majority act of 1971, Act No. 79 of the Public
Acts
of 1971, being sections 722.51 to 722.55 of the Michigan
Compiled
Laws, the disability of infancy is removed as of the
effective
date of Act No. 79 of the Public Acts of 1971, as to
persons
who were at least 18 years of age but less than 21 years of
age
on January 1, 1972, and is removed as of the eighteenth
birthday
of a person who was under 18 years of age on January 1,
1972.
(6) (7)
Except as otherwise provided in
subsection (8)
(7), if, at the time a claim alleging medical malpractice accrues
to a person under section 5838a the person has not reached his or
her eighth birthday, a person shall not bring an action based on
the claim unless the action is commenced on or before the person's
tenth birthday or within the period of limitations set forth in
section 5838a, whichever is later. If, at the time a claim alleging
medical malpractice accrues to a person under section 5838a, the
person has reached his or her eighth birthday, he or she is subject
to the period of limitations set forth in section 5838a.
(7) (8)
If, at the time a claim alleging
medical malpractice
accrues to a person under section 5838a, the person has not reached
his or her thirteenth birthday and if the claim involves an injury
to the person's reproductive system, a person shall not bring an
action based on the claim unless the action is commenced on or
before the person's fifteenth birthday or within the period of
limitations set forth in section 5838a, whichever is later. If, at
the time a claim alleging medical malpractice accrues to a person
under section 5838a, the person has reached his or her thirteenth
birthday and the claim involves an injury to the person's
reproductive system, he or she is subject to the period of
limitations set forth in section 5838a.
(8) (9)
If a person was serving a term of
imprisonment on
the
effective date of the 1993 amendatory act that added this
subsection
April 1, 1994, and that
person has a cause of action to
which the disability of imprisonment would have been applicable
under the former provisions of this section, an entry may be made
or an action may be brought under this act for that cause of action
within
1 year after the effective date of the 1993 amendatory act
that
added this subsection April 1, 1994, or within any other
applicable period of limitation provided by law.
(9) (10)
If a person died or was released
from imprisonment
at
any time within the period of 1 year preceding the effective
date
of the 1993 amendatory act that added this subsection April
1, 1994, and that person had a cause of action to which the
disability of imprisonment would have been applicable under the
former provisions of this section on the date of his or her death
or release from imprisonment, an entry may be made or an action may
be brought under this act for that cause of action within 1 year
after the date of his or her death or release from imprisonment, or
within any other applicable period of limitation provided by law.
(10) (11)
As used in this section: ,
"release
(a) "Insane" means 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.
(b) "Release from imprisonment" means either of the following:
(i) (a)
A final release or discharge from
imprisonment in a
county jail.
(ii) (b)
Release on parole or a final
release or discharge
from imprisonment in a state or federal correctional facility.
(c) "Sexual conduct" means conduct proscribed by 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,
regardless of whether the conduct was the subject of a criminal
prosecution or whether the conduct can be proved beyond a
reasonable doubt.