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SB 1188

Relating to decision-making supports for individuals with complex health care needs; declaring an emergency.

2025 Regular Session Introduced by Tom Andersen and 3 co-sponsors

Establishes a 10-year civil statute of limitations for damages from criminal sexual conduct; allows suits without a related criminal case, broadening survivors' filing window.

In committee upon adjournment.
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Bill Summary · SB 1188

SB 1188 — Summary (Civil procedure: statute of limitations; civil actions for criminal sexual conduct)

Status (as provided): Introduced Feb. 7, 2025; referred to the Committee on Government Operations.
Statute amended: Section 5805 of 1961 PA 236 (MCL 600.5805).

Purpose / Intent

The bill clarifies and modifies the civil statute of limitations for lawsuits seeking damages arising from criminal sexual conduct. Its primary intent is to set a uniform 10‑year limitations period for those civil claims and to make clear that a related criminal prosecution is not a prerequisite for bringing a civil action.

Key provisions

  • Amends MCL 600.5805 (the general civil statute of limitations).
  • Adds / revises subsection addressing claims based on criminal sexual conduct to provide that:
    • The period of limitations for a civil action to recover damages sustained because of criminal sexual conduct is 10 years.
    • It is not necessary that a criminal prosecution or any other proceeding was brought relating to the conduct, nor that any such prosecution resulted in a conviction or adjudication, in order to bring the civil claim.
  • Retains cross‑reference to the statutory definition/standards in section 5851b for the meaning and application of the limitation provision (i.e., the bill relies on section 5851b’s definitions or rules in related contexts).
  • Draft language in the introduced version indicates the provision may be conditioned on enactment of one or more companion bills (this is common where related statutory changes are coordinated).

Who is affected

  • Survivors/victims of criminal sexual conduct: extends/clarifies the window during which they may file civil claims for damages (10 years).
  • Defendants/alleged perpetrators: potential for exposure to civil liability for a longer or clarified period.
  • Civil litigants, defense and plaintiff attorneys: litigation timing and case‑planning will be affected.
  • Courts and insurers: potential increase or shift in timing of filings and claims against insureds; administrative impacts for case scheduling and statute‑of‑limitations determinations.

Procedural / timeline notes

  • Current status (per user info): referred to Committee on Government Operations after introduction on Feb. 7, 2025.
  • Draft language ties the amendment to section 5851b; the introduced bill text also contains an enacting clause that, in some versions, conditions effectiveness on enactment of related bills — readers should watch committee reports and enrolled versions for any contingency or effective‑date language.
  • No effective date is specified in the summary materials provided; that will be set in the bill’s final language if enacted.

Practical effect

If enacted as described, SB 1188 would provide a clear, 10‑year civil filing period for claims arising from criminal sexual conduct and remove any gatekeeping requirement that a criminal charge or conviction precede a civil suit. This alters timing considerations for survivors and defense planning for potential defendants, and may affect insurance and municipal exposure depending on facts of particular cases.

Related/companion legislation and any conditional enactment language should be monitored because final scope and effective date may depend on those measures.

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

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