MI HB6238

Removes governmental immunity for agencies and employees that knew or should have known an individual committed prior criminal sexual conduct but failed to act or intervene to prevent subsequent criminal sexual conduct.

Applies retroactively to pending actions and is intended to express the original legislative intent of the 1964 Governmental Tort Liability Act.

Clarifies that criminal prosecution, conviction, or adjudication is not necessary for this liability provision to apply.

Does not limit other available causes of action against any persons, including those other than the individual who committed the criminal sexual conduct.

Defines "criminal sexual conduct" as conduct prohibited under specified sections of the Michigan Penal Code (MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g).