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MI HB6289

Bill

Status

Introduced

9/29/2020

Primary Sponsor

Tyrone Carter

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

HB 6289 Summary

  • Removes tort immunity for individuals described in section 7(2) when they use unreasonable physical force against another individual.

  • Requires courts to evaluate reasonableness of force based on totality of circumstances, including the suspected crime, immediate threat posed, proportionality of force used, and whether nonviolent alternatives were attempted.

  • Eliminates good faith or lack of malice as a defense in lawsuits arising from unreasonable use of force.

  • Takes effect only if both HB 6287 and HB 6288 are enacted into law (tie-bar provision).

Legislative Description

Torts: governmental immunity; immunity of governmental employees and agents; revise for unreasonable use of force. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 7d. TIE BAR WITH: HB 6287'20, HB 6288'20

Torts: governmental immunity

Last Action

Bill Electronically Reproduced 09/29/2020

9/30/2020

Committee Referrals

Judiciary9/29/2020

Full Bill Text

No bill text available