March 21, 2006, Introduced by Senators BIRKHOLZ, McMANUS, CASSIS, CROPSEY, GILBERT, VAN WOERKOM, STAMAS, KUIPERS, GOSCHKA and BROWN and referred to the Committee on Health Policy.
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. 1177
of the 93rd Legislature is enacted into law.