Michigan House of Representatives passes sex crimes bills but leaves out key parts • Michigan Advance

But the bills that have passed the House and must now pass the Senate before being considered by the governor have been changed since they were introduced, with some having key provisions removed and others having hurdles to passage created.

When they were introduced, HB4485 proposed an amendment that would have eliminated the statute of limitations for reporting sex crimes (CSC) and prosecuting perpetrators in Michigan. Several states have eliminated the statute of limitations for reporting sex crimes, according to the Rape, Abuse & Incest National Network (RAINN).

There are four degrees of criminal sexual conduct (CSC) in Michigan, starting at fourth degreewhich is punishable by up to two years in prison, and goes up to first degreewhich can result in a life sentence. Only first degree CSC is not subject to a statute of limitations in Michigan. For second and third degree CSC, which are felonies, the statute of limitations to file a criminal charge is 10 years after the offense, unless the person was a minor, and then they have up to 15 years after the offense or until the 28th birthday, if this occurs later.

Instead of abolishing the statute of limitations for second and third degree sexual offenses, a replacement for HB 4485 was added during the June 26 meeting to extend the statute of limitations for all second and third degree CSC to the victim’s 42nd birthday if it falls after the 15-year limit.

In response to the change from no statute of limitations to an extended statute of limitations, the bill sponsor, Rep. Reggie Miller (D-Belleville), told the Michigan Advance in a written statement that she hopes that the other half of the package, HBs 4482, 4483 And 4484may soon be put to a vote in order to push forward important legislative changes.

“Extending the statute of limitations well into adulthood reflects the reality of what we know about these types of crimes. In some cases, abuse and/or assault can take years to be reported, and my bill will give survivors the opportunity to seek justice,” Miller said.

The Michigan Domestic & Sexual Violence Prevention & Treatment Board supported HB 4482-4487 when the package was introduced. Given all of the changes made to the bills, the committee cannot provide an official opinion on the status of the package at this time, said committee Chair Libby Pollard Hines.

“In general, we have supported bills that allow more victims to go through the process, but these subsidies are different from what the committee considered,” Hines said.

The three bills in the package that did not come to a vote, HBs 4482, 4483 And 4484would extend the statute of limitations for civil suits brought by victims of sexual violence to sue perpetrators. Under current law, victims have three years after they realize they are victims of a crime, or until their 28th birthday, if that is later. The bills would extend the statute of limitations to 10 years after the claim arose, seven years after the person realized they were a victim of a crime, or until their 52nd birthday, whichever is longer.

Although there are efforts to extend the statute of limitations for civil claims for damages due to sexual violence, Bipartisan Despite previous efforts, Brixie’s office said these bills are the more controversial parts of the package, but they are expected to pass the House when it reconvenes after the summer recess.

“The House decided to only pass bills 4485-4487 before the summer recess. The three other bills in the original package would further extend the statute of limitations for civil lawsuits based on sexual assault and were therefore the subject of further controversy. We believe the rest will be passed in the fall,” said Martti Weaver, who is responsible for voter relations for Brixie, to the Michigan Advance.

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Without HB4482neither HB4486 And HB4487who deal with Michigan’s State Immunity Shield in relation to civil proceedings relating to sexual violence, can become law, as they both became bound by the draft law after its introduction.

HBs 4486 And 4487 would remove provisions in Michigan’s current laws that protect the state public universities, colleges or school districts and employees from claims for damages if the institutions or their employees knew about sexual violence and did not reasonable action.

Many of the women and girls who gave victim statements in the Nassar case said they reported the abuse to police and to MSU officials And Trainerbut the abuse continued.

A group of parents of Nassar’s abuse survivors, called Parents of Sister Survivors Engage (POSSE), continues to call on lawmakers to hold institutions like MSU accountable for protecting their communities from abusers. POSSE told the Advance payment In a statement, the group said the group has been urging individual lawmakers to consider the entire package of six bills for months and hopes lawmakers will not abandon the bills again.

“Since the MSU pedophile case in 2018, survivors have made some progress as lawmakers have encouraged them to take tougher action against child sexual abuse in our state. The Democratic House has passed several bills, and we must pass the remaining statute of limitations bills as well,” POSSE’s statement said. “We must hold the institutions that create cultures where sex offenders exist accountable and implement deterrents. Let’s stop paying lip service to this heinous problem and make Michigan safer for children.”