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.
