STATUTE OF LIMITATIONS: EXTEND

IN CERTAIN CSC CASES



House Bill 4526

Sponsor: Rep. Andrew Richner

Committee: Criminal Law and Corrections


Complete to 11-5-99



A SUMMARY OF HOUSE BILL 4526 AS INTRODUCED 4-20-99


The bill would amend the Code of Criminal Procedure to provide an exception to the statute of limitations for certain criminal sexual conduct crimes. Current law requires an indictment for such crimes to be filed within 6 years after the commission of the offense or, if the victim is under the age of 18 when the offense occurred, by the latter of 6 years after the offense or the victim's 21st birthday.


The exception would provide an extended statute of limitations for cases involving the offenses set forth in House Bill 4525, which would criminalize sexual penetration or contact between a mental health professional and his or her patients and between a member of the clergy and members of his or her flock, even if the patient or member of the church had consented to the sexual activity. Such a case could be filed within eight years after the end of the relationship in which the actor had been providing emotional or mental health services or treatment, spiritual counseling, spiritual advice, or comfort to the victim has ended.


The bill would not take effect unless House Bill 4525 was also enacted.


MCL 767.24
















Analyst: W. Flory



This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.