HOUSE BILL No. 4045

 

January 22, 2007, Introduced by Reps. McDowell, Tobocman, Simpson, Gillard, Spade, Lahti, Hammel, Byrnes, Meadows, Byrum, Dean, Angerer, Valentine, Corriveau, Hammon, Ebli, Condino, Kathleen Law, Melton, Donigan, Vagnozzi, Lemmons, Hood, Hopgood, Brown and Young and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5805 (MCL 600.5805), as amended by 2002 PA 715.

 

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) The Subject to subsections (3) and (4), the period of

 

limitations is 2 years for an action charging assault, battery, or

 

false imprisonment.

 

     (3) 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 spouse or former spouse, an


 

individual with whom he or she has had a child in common, or a

 

person with whom he or she resides or formerly resided. This

 

limitation applies to causes of action arising on or after February

 

17, 2000 and to causes of action in which the period of limitations

 

described in subsection (2) has not already expired as of February

 

17, 2000.

 

     (4) 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 has or

 

has had a dating relationship. This limitation applies to causes of

 

action arising on or after January 1, 2003 and to causes of action

 

in which the period of limitations described in subsection (2) has

 

not already expired as of January 1, 2003.

 

     (5) The period of limitations is 2 years for an action

 

charging malicious prosecution.

 

     (6) Except as otherwise provided in this chapter, the period

 

of limitations is 2 years for an action charging malpractice.

 

     (7) 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.

 

     (8) 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.

 

     (9) The period of limitations is 1 year for an action charging

 

libel or slander.

 

     (10) The Except as otherwise provided in this section, the

 

period of limitations is 3 years after the time of the death or


 

injury for all other actions to recover damages for the death of a

 

person, or for injury to a person or property.

 

     (11) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property brought by a

 

person who has been assaulted or battered by his or her spouse or

 

former spouse, an individual with whom he or she has had a child in

 

common, or a person with whom he or she resides or formerly

 

resided. This limitation applies to causes of action arising on or

 

after February 17, 2000 and to causes of action in which the period

 

of limitations described in subsection (10) has not already expired

 

as of February 17, 2000.

 

     (12) The period of limitations is 5 years for an action to

 

recover damages for injury to a person or property brought by a

 

person who has been assaulted or battered by an individual with

 

whom he or she has or has had a dating relationship. This

 

limitation applies to causes of action arising on or after January

 

1, 2003 and to causes of action in which the period of limitations

 

described in subsection (2) has not already expired as of January

 

1, 2003.

 

     (13) The period of limitations is 3 years for a products

 

liability action. However, in the case of a product that has been

 

in use for not less than 10 years, the plaintiff, in proving a

 

prima facie case, shall be required to do so without benefit of any

 

presumption.

 

     (14) The period of limitations for a cause of action based on

 

drug product liability that was barred by section 2946(5) and that

 

otherwise could have been commenced on or after January 2, 1996 and


 

before the effective date of the amendatory act that deleted

 

section 2946(5) is 3 years after the effective date of the

 

amendatory act that deleted section 2946(5).

 

     (15) (14) The period of limitations for an action against a

 

state licensed architect, professional engineer, land surveyor, or

 

contractor based on an improvement to real property shall be as

 

provided in section 5839.

 

     (16) (15) As used in this section, "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 Senate Bill No.____ or House Bill No. 4044(request no.

 

00441'07) of the 94th Legislature is enacted into law.