Michigan Statute of Limitations Legislative Update

Submitted by Brad Pritts

The provisions of Michigan House Bill 5699 on civil-action statutes of limitations include:

1. An extension of the statute of limitations from the current limit of 2 years after the victim attains age 18, to 30 years after attainment of age 18.

2. A 2-year “window” during which no statute of limitations will apply.

Other aspects of the bill provide extensions for litigation involving medical malpractice.

The bill itself can be found on the State’s website at
http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/pdf/2009-HIB-5699.pdf

To get the status of the bill on the committee, see the committee’s detailed legislative status at
http://legislature.mi.gov/documents/2009-2010/committeebillrecord/house/htm/2009-HCBR-JUDI.htm

VOTF has supported statute of limitation reform in other states, in recognition of the fact that many victims of clergy sexual abuse are not prepared to pursue these claims until well into adulthood. While it is true that it is difficult to judge a case where the harm occurred many years in the past, we believe that equity demands that these victims be offered the chance to seek justice. Perpetrators, or the organizations who shield them, should not be allowed to escape liability because a youthful victim requires age and maturity to deal with the harm done.

What can you do?

All VOTF members in Michigan are encouraged to write their state representatives in support of the bill, H.B. 5699; and further to write their state senators to request that a parallel bill be introduced in the State Senate. For the contact information for your state representatives, see the state sites:

http://house.michigan.gov/find_a_rep.asp   to find your state representative

http://www.senate.michigan.gov/SenatorInfo/find-your-senator.htm to find your senator.

While we disagree with the position taken on this bill by the Michigan Catholic Conference, their recommendations on how to communicate with your legislators are well done. These can be found in: 
http://www.micatholicconference.org/public-policy/legislative-advocacy-information/grassroots-advocacy/

Many recommend that letters to legislators be kept short and to the point.  To be effective, name the bill (House Bill 5699); and state your position specifically (That you support the measure); and finally,  what you would like the legislator to do (“support the bill”, “introduce a bill”, etc.)

Additionally, members are encouraged to write their bishops to support the legislation, and request that the Michigan Catholic Conference (who serve as the public policy researchers and lobbyists on behalf of the Michigan bishops) withdraw its opposition to the bill.