This site is archived and is no longer active - the latest updates can now be found at www.childusa.org
SOL vs. perp, employer: Case-by-Case

  • + 2 years from accrual (at injury) vs perp for assault/battery [except where perp & victim resided in same house then +5 from accrual vs perp]; +3 years from injury (accrual at injury) all other personal injury/death related claims. Despite accrual at injury, all claims tolled for +1 year from Minority [“year of grace”] to age 19).

Majority Tolling: √ – Age 18
Discovery Tolling: X

None for criminal sexual conduct in 1st degree.
+10 years from commission or victim’s 21st birthday, whichever is later for most other crimes.

Application: TOP COUNT SOL REMOVED IN 2001.

2015 Pending Legislation

Criminal Elimination (HOUSE BILL No. 4231)
February 24, 2015, Introduced by Reps. Hughes and Faris and referred to the Committee on Criminal Justice.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VII     Sec. 24.

(1) An indictment for any of the following crimes may

be found and filed at any time:     (a) Murder, conspiracy to commit murder, or solicitation to

commit murder, or criminal sexual conduct in the first degree.     (b) A violation of chapter XXXIII of the Michigan penal code,

1931 PA 328, MCL 750.200 to 750.212a, that is punishable by imprisonment for life.

(c) A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, that is punishable by imprisonment for life.

(d) A violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, that is punishable by imprisonment for life.

(2) An indictment for a violation or attempted violation of section 13, 462b, 462c, 462d, or 462e of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.462b, 750.462c, 750.462d, and 750.462e, may be found and filed within 25 years after the offense is committed. This subdivision shall be known as “Theresa Flores’s Law”.

(3) An indictment for a violation or attempted violation of section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:

(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim’s twenty-first birthday, whichever is later.

(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim’s twenty-first birthday, whichever is later.

(c) As used in this subsection:
(i) “DNA” means human deoxyribonucleic acid.
(ii) “Identified” means the individual’s legal name is known

and he or she has been determined to be the source of the DNA.     (4) An indictment for kidnapping, extortion, assault with

intent to commit murder, attempted murder, manslaughter, or first- degree home invasion may be found and filed as follows:

(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed.

(b) If the offense is reported to a police agency within 1 year after the offense is committed and the individual who committed the offense is unknown, an indictment for that offense may be found and filed within 10 years after the individual is identified. This subsection shall be known as Brandon D’Annunzio’s law. As used in this subsection, “identified” means the individual’s legal name is known.

(5) An indictment for identity theft or attempted identity theft may be found and filed as follows:

(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.

(b) If evidence of the offense is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.

(c) As used in this subsection:

(i) “Identified” means the individual’s legal name is known. (ii) “Identity theft” means 1 or more of the following:
(A) Conduct prohibited in section 5 or 7 of the identity theft

protection act, 2004 PA 452, MCL 445.65 and 445.67.     (B) Conduct prohibited under former section 285 of the

Michigan penal code, 1931 PA 328.     (6) An indictment for false pretenses involving real property,

forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud may be found and filed within 10 years after the offense was committed or within 10 years after the instrument affecting real property was recorded, whichever occurs later.

(7) All other indictments may be found and filed within 6 years after the offense is committed.

(8) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.

(9) The EXCEPT AS PROVIDED IN SUBSECTION (1), THE extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.

     (10) AN INDICTMENT FOR A VIOLATION OF SECTION 520B OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, COMMITTED AGAINST AN INDIVIDUAL LESS THAN 18 YEARS OF AGE MAY BE FOUND AND FILED AT ANY TIME, REGARDLESS OF WHETHER THE EXTENSION OR TOLLING, AS APPLICABLE OF THE LIMITATIONS PERIOD PROVIDED IN THIS SECTION HAS EXPIRED AT THE TIME THE EXTENSION OR TOLLING TOOK EFFECT.

View SOL Snapshot

Professor Marci A. Hamilton Testimony

No testimony for this state.


State SOL News

Help for child sexual abuse victims, Click On Detroit

To protect our children, we teach them about stranger danger, valuable lessons because the danger is real. But the greater threat is much more frightening. One in ten children will be a victim of sexual abuse, the large majority of them girls, victims of an assault they cannot fend off or understand because eighty percent […]

Sex abuse suit against Holy Redeemer principal tossed; judge says too much time has passed, Detroit Free Press

A civil lawsuit against John P. Kiley, the Detroit Holy Redeemer school principal suspended in November after he was accused of sexually molesting a child more than 20 years ago, was dismissed tossed in Oakland County Circuit Court because too much time has passed since the alleged abuse took place, a judge ruled.