LANSING, MI - The House on Thursday passed a series of bills intended to benefit victims of childhood sexual assault, including victims of ex-Michigan State University doctor Larry Nassar.
The package of bills tightens rules on medical record-keeping for procedures that penetrate the anus or vagina, makes it a crime for doctors to sexually assault somebody under the pretext of medical treatment, extends statutes of limitations on criminal and civil lawsuits over childhood sexual assault, adds mandatory reporters of sexual abuse and creates enhanced child pornography charges.
The changes come as the state grapples with the scandal around Larry Nassar, the doctor who sexually abused hundreds of girls and women, often under the guise of providing medical treatment.
"I think that on the whole the work that we've done today and over the past several months will make a really important difference in the lives of many Michiganders when it comes to both protecting survivors past and future, preventing sexual assaults and increasing accountability for perpetrators I am proud of the work that we've done," said Rep. Stephanie Chang, D-Detroit.
She serves as Minority Vice-Chair of the House Law and Justice Committee and worked with chair Rep. Klint Kesto, R-Commerce Twp., on bipartisan versions of the 27 bills that passed the full House on Thursday.
The bills passed on wide margins, but the particulars of the package drew scattered opposition.
One particularly contentious change at the committee level made the extended time to file civil lawsuits retroactive only for people who had been sexually abused by physicians under the guise of medical treatment and who have been convicted of criminal sexual conduct.
Some representatives pointed out that set of circumstances around retroactive suits was so narrowly tailored as to likely protect only Nassar victims.
"As much as I applaud their intent... I cannot in good faith support a carve-out to make only one group of people whole," said Rep. Sherry Gay-Dagnogo, D-Detroit.
She said she came to her decision after talking to other victims of sexual assault who wouldn't be able to retroactively have more time to file lawsuits.
So too did Rep. Adam Zemke, who at a recent coffee hour talked to a 65-year-old man who was abused by a high school football coach decades ago.
"We are not giving any civil recourse to those people under this legislation... I just don't see how this bill is good enough," Zemke said.
The bill containing the retroactivity portion, Senate Bill 872, also extends the statute of limitations for civil criminal sexual conduct lawsuits for people who were minors at the time of the crime. Currently the standard is three years after most criminal offenses, with some variance based on the offense. Under the bill all victims of criminal sexual assault will have 10 years to file suit to claim damages. Childhood sexual assault victims can file civil suits until they are 28 years old or until three years after the individual discovers his or her injury and its relationship to criminal sexual conduct.
Rep. Tim Greimel, D-Auburn Hills, called the bill "watered-down" and said it wouldn't protect victims of priests, coaches or others. He offered an amendment to broaden the retroactivity, but the chamber rejected it.
Chang said the bill would open up the justice system to sexual assault victims who sought access and justice.
"I know in my heart and my mind that we are doing the right thing," she said, urging colleagues to vote for the bill.
Ultimately Senate Bill 872 passed 99-10. Voting against it were Reps. John Bizon, R-Battle Creek; John Chirkun, D-Roseville; Brian Elder, D-Bay City; Gay-Dagnogo; Martin Howrylak, R-Troy; Frank Liberati, D-Allen Park; Aaron Miller, R-Sturgis; John Reilly, R-Oakland Twp.; Rose Mary Robinson, D-Detroit; and Zemke.
Another bill, Senate Bill 871, extended the statute of limitations for criminal cases. Currently somebody can be charged with criminal sexual conduct in cases without DNA evidence 10 years after the crime was committed or by the victim's 21st birthday, whichever is later. For both second- and third-degree criminal sexual conduct when the victims is a child charges would need to be filed within 15 years after the offense is committed or by the alleged victim's 28th birthday, whichever is later. That bill passed 108-1. Robinson was the lone vote against it.
Zemke also took issue with House Bill 5659, a bill that originally made figures like coaches and assistant coaches mandatory reporters of child abuse and neglect. The House Law and Justice Committee stripped coaches from the bill, choosing instead to expand it only to athletic trainers, physical therapists and physical therapist assistants.
"In the committee process the bill was watered down and does not include coaches anymore... that is absolutely ridiculous," Zemke said.
However, the bill passed unanimously.
Kesto said taken together, the bills passed Thursday help make it so something like the Nassar scandal will not happen again.
"These bills go as far as we can with that goal from lawmaking. But we have to have responsibility as individuals in society, as people at universities, as teachers and professors, as coaches, as doctors and as parents," Kesto said.
Here is the full list of Nassar-inspired bills the House passed Thursday:
- Senate Bill 871
- Senate Bill 872
- House Bill 5793
- House Bill 5783
- House Bill 5787
- House Bill 5789
- House Bill 5790
- House Bill 5660
- House Bill 5794
- House Bill 5537
- House Bill 5658
- House Bill 5798
- House Bill 5791
- House Bill 6043
- House Bill 5795
- House Bill 5792
- House Bill 5539
- House Bill 5799
- House Bills 5659 and 5796
- Senate Bill 874
- Senate Bill 5797
The bills now head to the Senate. Bills must be approved in identical forms by each chamber before heading to Gov. Rick Snyder for signature.