September 7, 2005, Introduced by Reps. McDowell, Espinoza, Gleason, Alma Smith, Condino, Adamini, Kehrl, Vagnozzi, Sak, Donigan and Wojno and referred to the Committee on Commerce.
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.____ (request no. 03132'05) or House Bill No.
4773 of the 93rd Legislature is enacted into law.