HOUSE BILL No. 5881

 

March 16, 2006, Introduced by Reps. Amos, Vander Veen, Taub, Emmons and Mortimer and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2975.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2975. (1) An action may be brought by or on behalf of an

 

individual injured by a coercive act. Subject to subsection (2), a

 

plaintiff in an action under this section may recover damages for

 

emotional distress and other damages allowed by law.

 

     (2) If the damages awarded to a plaintiff in an action under

 

this section for noneconomic loss exceed $5,000.00 and damages

 

awarded to the plaintiff in the action for economic loss are

 

$5,000.00 or less, the award for noneconomic loss shall be reduced

 


by the court to $5,000.00.

 

     (3) As used in this section:

 

     (a) "Coercive act" means an act that is prohibited by section

 

15a of the Michigan penal code, 1931 PA 328, MCL 750.15a.

 

     (b) "Economic loss" means that term as defined in section

 

2945.

 

     (c) "Emotional distress" means significant mental suffering or

 

distress that may, but does not necessarily, require medical or

 

other professional treatment or counseling.

 

     (d) "Noneconomic loss" means that term as defined in section

 

2945.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5882(request no.

 

03681'05) of the 93rd Legislature is enacted into law.