Bill Text: MI SB0877 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Torts; governmental immunity; sexual misconduct by a governmental employee; exclude from governmental immunity. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 7d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-03-15 - Referred To Committee On Law And Justice [SB0877 Detail]

Download: Michigan-2017-SB0877-Engrossed.html

SB-0877, As Passed Senate, March 14, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 877

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1964 PA 170, entitled

 

"An act to make uniform the liability of municipal corporations,

political subdivisions, and the state, its agencies and

departments, officers, employees, and volunteers thereof, and

members of certain boards, councils, and task forces when engaged

in the exercise or discharge of a governmental function, for

injuries to property and persons; to define and limit this

liability; to define and limit the liability of the state when

engaged in a proprietary function; to authorize the purchase of

liability insurance to protect against loss arising out of this

liability; to provide for defending certain claims made against

public officers, employees, and volunteers and for paying damages

sought or awarded against them; to provide for the legal defense of

public officers, employees, and volunteers; to provide for

reimbursement of public officers and employees for certain legal

expenses; and to repeal acts and parts of acts,"

 

(MCL 691.1401 to 691.1419) by adding section 7d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7d. (1) A member, officer, employee, or agent of a

 

governmental agency or a volunteer acting on behalf of a

 

governmental agency who engages in sexual misconduct while in the

 


Senate Bill No. 877 as amended March 14, 2018

 

course of employment or service or while acting on behalf of the

 

governmental agency is not immune under this act from tort

 

liability.

 

     (2) A governmental agency is not immune under this act from

 

tort liability for sexual misconduct that a member, officer,

 

employee, or agent of the governmental agency engages in during the

 

course of employment or service or while acting on behalf of the

 

governmental agency if either of the following applies:

 

     (a) The governmental agency was negligent in the hiring,

 

supervision, or training of the member, officer, employee, or

 

agent.

 

     (b) The governmental agency knew or should have known of the

 

sexual misconduct and failed to report the sexual misconduct to an

 

appropriate law enforcement agency.

 

     (3) This section applies to conduct that occurs after December

 

31, <<1996>>.

 

     (4) As used in this section, "sexual misconduct" means conduct

 

described in section 136, 145a, 145b, 145c, 520b, 520c, 520d, 520e,

 

or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136,

 

750.145a, 750.145b, 750.145c, 750.520b, 750.520c, 750.520d,

 

750.520e, and 750.520g, regardless of whether the conduct resulted

 

in a criminal conviction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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