Senate passes sexual assault statute of limitations extension; Hall noncommittal on House action

Michigan Senate | Susan J. Demas
Sexual assault survivors gained support from the Michigan Senate on Tuesday with the passage of bills to allow more time in filing civil lawsuits against their assailants, but it remains unclear if the Republican-controlled House plans to take up the bills.
The upper chamber voted 25-9 to pass the five-bill package sponsored by Democratic Senators Kevin Hertel of Saint Clair Shores, Sam Singh of East Lansing, Mallory McMorrow of Royal Oak, Jeff Irwin of Ann Arbor, and Veronica Klinefelt of Eastpointe.
Together, the bills would give survivors of sexual assault or other criminal sexual conduct a 10-year window after a crime was committed, with a cutoff at the age of 42, or within seven years after discovering an injury or some other connection to the misconduct, or whichever is later.
Survivors can file lawsuits to recover damages sustained from the criminal sexual conduct, which could be brought in court at any time if there was also a criminal conviction involved with the assault.
Sexual abuse survivors again ask Michigan lawmakers for more time to sue perpetrators
Regardless of the limitations listed in the package, the bills would allow a survivor who was victimized before the package's effective date to file a lawsuit for damages within one year after the effective date. In that case, a claimant could not recover more than $1.5 million.
Other bills in the package would remove the existing 10-year statute of limitations, exempt claims to recover damages for criminal sexual conduct from the existing permanent prohibition on bringing a claim against the state, and would amend the state's government immunity law in various ways – including removing the immunity from tort liability for a public university, college or school district whose employee engaged in the misconduct while working there if the institution was negligent in hiring, supervising or training that employee.
The same is true if the institution knew about the abuse and failed to intervene.
In a statement, Hertel said survivors of sexual assault have for too long been denied their day in court and silenced by 'arbitrary deadlines and a system that failed them.' 'No more,' Hertel said regarding the Justice for Survivors package. 'At their core, these bills are about justice, accountability, and finally giving survivors the voice they deserve. With this legislation, we are shattering that silence and making it clear: Michigan will no longer be a place where assault is ignored and abusers get to walk free to continue their cycle of harm.' Michigan over the last several years made national headlines due to high-profile sexual assault or abuse cases, including the abuse perpetrated by the Larry Nassar scandal at Michigan State University and Robert Anderson at the University of Michigan. Attorney General Dana Nessel also spearheaded investigations into the Catholic Church and the Boy Scouts of American in Michigan during her tenure, which exposed abuses across generations.
The making of a monster
McMorrow said in a statement that Michigan's justice system needed to be reformed to a position of protecting survivors and not shielding abusers.
'With the passage of this legislation out of the Senate, we're one step closer to securing the access to justice that survivors deserve,' McMorrow said.
Irwin in a statement touted the legislation's removal of immunity for large institutions to empower survivors 'to speak their truth and pursue justice that they deserve.'
Klinefelt in a statement also noted that power institutions have shielded perpetrators while abuses happened under their watch. The bills would no longer allow those institutions to hide behind legal immunity when survivors come forward.
'We're ending that with this legislation and are restoring trust, delivering justice, and making sure survivors' voices are not easily swept under the rug.'
The bills now move to the House, but it's unclear if they'll get traction in the Republican-controlled chamber.
In a Tuesday news briefing, Michigan House Speaker Matt Hall (R-Richland Township) appeared noncommittal on taking the bills up in the House. He also noted that his Democratic colleagues tried to pass similar legislation last session, but the effort died in a disastrous lame duck session that saw several key Democratic priorities grind to a halt.
'I haven't looked at it, but I think the idea of extending statutes of limitations for decades, or whatever it is, that creates a lot of questions, a lot of legal problems,' Hall said. 'We'll look at it. I haven't seen it, but you didn't see the Democrats move it when they were there, so it must have a lot of problems.'
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Rhode Island lawmakers pass bill to ban sales of assault weapons

Rhode Island's Democratic-controlled state House on Friday approved legislation that would ban the sale and manufacturing of many semiautomatic rifles commonly referred to as assault weapons. The proposal now heads to the desk of Democratic Gov. Dan McKee, who has said he supports assault weapons bans. If the bill is signed into law, Rhode Island will join 10 states that have some sort of prohibition on high-powered firearms that were once banned nationwide and are now largely the weapon of choice among those responsible for most of the country's devastating mass shootings. Gun control advocates have been pushing for an assault weapons ban in Rhode Island for more than a decade. However, despite being a Democratic stronghold, lawmakers throughout the country's smallest state have long quibbled over the necessity and legality of such proposals. The bill only applies to the sale and manufacturing of assault weapons and not possession. Only Washington state has a similar law. Residents looking to purchase an assault weapon from nearby New Hampshire or elsewhere will also be blocked. Federal law prohibits people from traveling to a different state to purchase a gun and returning it to a state where that particular of weapon is banned. Nine states and the District of Columbia have bans on the possession of assault weapons, covering major cities like New York and Los Angeles. Hawaii bans assault pistols. Democratic Rep. Rebecca Kislak described the bill during floor debates Friday as an incremental move that brings Rhode Island in line with neighboring states. "I am gravely disappointed we are not doing more, and we should do more," she said. "And given the opportunity to do this or nothing, I am voting to do something." Critics of Rhode Island's proposed law argued that assault weapons bans do little to curb mass shootings and only punish people with such rifles. "This bill doesn't go after criminals, it just puts the burden on law-abiding citizens," said Republican Sen. Thomas Paolino. Republican Rep. Michael Chippendale, House minority leader, predicted that if the legislation were to become law, the U.S. Supreme Court would eventually deem it unconstitutional. "We are throwing away money on this," he said. It wasn't just Republicans who opposed the legislation. David Hogg — a gun control advocate who survived the 2018 school shooting in Parkland, Florida — and the Rhode Island Coalition Against Gun Violence described the proposed ban as the "weakest assault weapons ban in the country." "I know that Rhode Islanders deserve a strong bill that not only bans the sale, but also the possession of assault weapons. It is this combination that equals public safety," Hogg said in a statement. Elisabeth Ryan, policy counsel at Everytown for Gun Safety, rejected claims that the proposed law is weak. "The weakest law is what Rhode Island has now, no ban on assault weapons," Ryan said. "This would create a real, enforceable ban on the sale and manufacture of assault weapons, just like the law already working in Washington state, getting them off the shelves of Rhode Island gun stores once and for all." Nationally, assault weapons bans have been challenged in court by gun rights groups that argue the bans violate the Second Amendment. AR-15-style firearms are among the best-selling rifles in the country. The conservative-majority Supreme Court may soon take up the issue. The justices declined to hear a challenge to Maryland's assault weapons ban in early June, but three conservative justices — Samuel Alito, Neil Gorsuch and Clarence Thomas — publicly noted their disagreement. A fourth, Brett Kavanaugh, indicated he was skeptical that the bans are constitutional and predicted the court would hear a case "in the next term or two."