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MI HB4307
Bill
Status
2/23/2021
Primary Sponsor
Ryan Berman
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AI Summary
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Removes governmental immunity for agencies and employees who knew or should have known an individual had committed prior criminal sexual conduct and failed to act or intervene to prevent subsequent criminal sexual conduct.
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Clarifies that criminal prosecution, conviction, or adjudication is not required for this liability to apply, only knowledge of a prior act of criminal sexual conduct.
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Defines "criminal sexual conduct" as violations of Michigan Penal Code sections 520b, 520c, 520d, 520e, or 520g.
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Preserves all other causes of action available to plaintiffs, including claims against persons other than the individual who committed the criminal sexual conduct.
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Makes the act retroactively applicable to pending actions and expresses legislative intent that this represents the original intent regarding governmental immunity under the 1964 Tort Liability Act.
Legislative Description
Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d.
Torts: governmental immunity
Last Action
Bill Electronically Reproduced 02/23/2021
2/24/2021