Bill Text: MI HB6289 | 2019-2020 | 100th Legislature | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-09-30 - Bill Electronically Reproduced 09/29/2020 [HB6289 Detail]
Download: Michigan-2019-HB6289-Introduced.html
HOUSE BILL NO. 6289
September 29, 2020, Introduced by Reps. Tyrone
Carter, Yancey, Rabhi, Whitsett, Peterson, Garrett, Cynthia Johnson, Brenda
Carter, Gay-Dagnogo, Hope, Stone, Guerra and Jones and referred to the
Committee on Judiciary.
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) An individual described
in section 7(2) is not immune from tort liability that arises from an
unreasonable use of physical force against another individual.
(2)
In determining the reasonableness of the use of physical force for purposes of subsection
(1), the finder of fact shall consider the totality of the circumstances,
including, but not limited to, all of the following:
(a)
The crime the individual against whom the force was used was suspected to have
committed.
(b)
Whether the individual against whom the force was used posed an immediate
threat of physical harm to the individual who used the force or any other
individual.
(c)
Whether the force used was proportionate to the alleged threat posed by the
individual against whom the force was used.
(d)
Whether the individual who used the force had first attempted to employ
nonviolent means to accomplish his or her objectives.
(3)
In an action for damages arising from an unreasonable use of force as described
in subsection (1), it is not a defense that the individual who used the force
acted in good faith or without malice.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 6287 (request no. 07041'20).
(b) Senate Bill No.____ or House Bill No. 6288 (request no. 07128'20).
