HOUSE BILL No. 6081


     May 14, 2002, Introduced by Reps. Waters, Daniels, Hale and Hardman and referred to the Committee on Civil Law and the
Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 2917 (MCL 600.2917), as amended by 1992

   PA 192.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2917.  (1) In a civil action against a library,  or

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        merchant,  an agent of the library,  or merchant,  or an indepen-

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        dent contractor providing security for the library  or merchant

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        for false imprisonment, unlawful arrest, assault, battery, libel,

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        or slander, if the claim arises out of conduct involving a person

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        suspected of removing or of attempting to remove, without right

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        or permission,  goods held for sale in a store from the store or

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        library materials from a library,  or of violating section 356c

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        or 356d of the Michigan penal code, Act No. 328 of the Public

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        Acts of 1931, being sections 750.356c and 750.356d of the


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        Michigan Compiled Laws,  and if the  merchant,  library, agent,

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        or independent contractor had probable cause for believing and

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        did believe that the plaintiff had committed or aided or abetted

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        in the larceny of  goods held for sale in the store, or of

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        library materials,  or in the violation of section 356c or 356d

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        of Act No. 328 of the Public Acts of 1931,  damages for or

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        resulting from mental anguish or punitive, exemplary, or aggra-

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        vated damages shall not be allowed a plaintiff, unless it is

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        proved that the  merchant,  library, agent, or independent con-

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        tractor used unreasonable force, detained the plaintiff an unrea-

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        sonable length of time, acted with unreasonable disregard of the

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        plaintiff's rights or sensibilities, or acted with intent to

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        injure the plaintiff.

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             (2) A MERCHANT SHALL NOT CONFINE OR IMPRISON A PERSON

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        AGAINST HIS OR HER WILL IN A STORE WITHOUT LEGAL AUTHORITY OR

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        JUST CAUSE.  A MERCHANT WHO VIOLATES THIS SECTION IS LIABLE FOR A

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        CIVIL FINE OF $1,000.00 FOR EACH VIOLATION.

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             (3)  (2)  As used in this section:

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             (a) "Library" includes a public library; a library of an

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        educational, historical, or eleemosynary institution or organiza-

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        tion; a museum; an archive; and a repository of public records or

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        historical records, or both.

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             (b) "Library material" includes a plate; picture; photo-

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        graph; engraving; painting; drawing; map; newspaper; book; maga-

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        zine; pamphlet; broadside; manuscript; document; letter; public

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        record; microfilm; sound recording; audiovisual material;

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        magnetic or other tape; optical storage disc or other recording



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        medium; electronic data processing record; artifact; and other

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        documentary, written, or printed material.

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             (C) "MERCHANT" INCLUDES THE AGENT OR INDEPENDENT CONTRACTOR

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        OF THE MERCHANT.
















































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