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MI HB4486

Bill

Status

Engrossed

6/27/2024

Primary Sponsor

Karen Whitsett

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Amends the governmental immunity act to clarify that immunity exceptions apply to the act as a whole, not just specific sections.

  • Adds a new section 7d removing governmental immunity for public universities, colleges, and school districts when employees, agents, or students commit criminal sexual conduct if the institution knew or should have known of prior criminal sexual conduct and failed to prevent the subsequent conduct.

  • Specifies that criminal sexual conduct includes offenses under MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the Michigan Penal Code.

  • Applies the new criminal sexual conduct liability provision retroactively to actions commenced under section 5851b(4) of the Revised Judicature Act, and clarifies that criminal prosecution or conviction is not required for liability.

  • Ties the bill's effectiveness to the enactment of House Bill No. 4482 of the 102nd Legislature.

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. TIE BAR WITH: HB 4482'23

Torts: governmental immunity

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety

7/30/2024

Committee Referrals

Civil Rights, Judiciary, And Public Safety7/30/2024
Criminal Justice4/27/2023

Full Bill Text

No bill text available