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SB 1187

Civil procedure: statute of limitations; civil actions for criminal sexual conduct; extend period of limitations, and add grace period for past occurrences. Amends sec. 5851b of 1961 PA 236 (MCL 600.5851b).

2023-2024 Regular Session Introduced by Kevin Hertel and 3 co-sponsors

SB 1187 extends civil action time limits for survivors of criminal sexual conduct, allows a one-year revival for time‑barred claims, and removes limits if there’s a conviction.

referred to Committee on Government Operations
#civilprocedure:statuteoflimitations #crimes:assaultive #crimes:crimesagainstminors #crimes:criminalsexualconduct
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Bill Summary · SB 1187

Summary — SB 1187 (MCL 600.5851b)

Subject: Civil procedure — statute of limitations for civil actions arising from criminal sexual conduct

Purpose / Intent

SB 1187 (Substitute S‑4) lengthens and modernizes the time limits for civil lawsuits by victims of criminal sexual conduct (CSC), creates a limited retroactive “revival” window for previously time‑barred claims, and clarifies that a criminal conviction removes any civil time limit. The bill is intended to expand access to civil relief for survivors—particularly those abused as minors—and to coordinate related changes in other bills tied to this package.

Key provisions

  • Revised filing windows for victims who were minors:
    • A civil action may be commenced any time before the later of:
    • 10 years after the claim accrues;
    • the victim’s 42nd birthday (previously age 28); or
    • 7 years after discovery of the injury and causal link to the misconduct (previously 3 years).
  • Criminal conviction exception:
    • If a criminal prosecution arising from the conduct results in a conviction for CSC, a civil action may be brought at any time (no statute of limitations).
  • Retroactive revival/grace period for past victims:
    • For victims whose claims were previously time‑barred before the bill’s effective date, an action may be commenced within one year after the bill’s effective date.
    • For such revived claims, recovery against a single defendant is capped at $1,500,000.00 per incident/occurrence.
  • Definitions:
    • “Criminal sexual conduct” is tied to Michigan Penal Code sections 750.520b, 520c, 520d, 520e, and 520g.
  • Statutory cross‑references and deletions:
    • SB 1188 (tie‑barred) removes the standalone 10‑year limitation in the general limitations section and defers to the new 5851b scheme.
    • SB 1189 (tie‑barred) exempts CSC claims under amended 5851b from the permanent bar on claims against the State (Court of Claims time bar).
    • SB 1190, 1191, and 1192 make related criminal and governmental immunity adjustments (see “Related bills” below).

Who is affected

  • Primary: individuals who were victims of criminal sexual conduct as minors (current and past victims).
  • Defendants: alleged perpetrators and, for certain claims, institutions (including potential limits on recovery per defendant).
  • Public entities and institutions: SB 1191 (tie‑barred to SB 1187) would narrow governmental immunity for public universities, colleges, and school districts where they were negligent in hiring, supervision, or training, or knew of conduct and failed to report it; SB 1189 and SB 1192 affect Court of Claims filing requirements for state claims.
  • Courts and prosecutors: increased civil caseloads; SB 1190 removes time limits for indicting certain CSC offenses (second‑ and third‑degree) so criminal prosecutions may be filed at any time.

Procedural / timeline notes

  • Introduced: February 7, 2025.
  • The Senate substitute (S‑4) is the primary vehicle described in the Senate summary (documented as “as passed by the Senate”).
  • SB 1187 is tie‑barred with SB 1188 and SB 1189; SB 1191 is tie‑barred to SB 1187. Tie‑bar means the bills are intended to be enacted together; enactment of SB 1187 is conditioned on those companion bills.
  • Retroactivity: the bill revives certain time‑barred claims and provides a one‑year window to file those revived claims; revived claims are subject to the $1.5 million per‑defendant cap.

Additional context / impact

  • The bill substantially extends the age and discovery periods that enable civil suits by survivors who were minors at the time of abuse, reflecting recognition that many survivors discover or feel able to sue far later in life.
  • The criminal‑conviction exception ensures conviction victims face no civil time barrier.
  • The capped recovery for revived claims limits defendant exposure for old, previously barred claims while still opening a recovery avenue for survivors.
  • Because several related bills modify indictment timing, state liability bars, and governmental immunity, the statutory and practical landscape for CSC civil litigation would change significantly if the package is enacted.

Compiled from official sources — confirm details with the bill’s official record.

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