Bill Text: MI SB0855 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Torts; liability; human trafficking; provide immunity to certain individuals who report. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2978.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-03-11 - Referred To Committee On Judiciary [SB0855 Detail]

Download: Michigan-2013-SB0855-Introduced.html

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SENATE BILL No. 855

 

 

March 11, 2014, Introduced by Senators SCHUITMAKER and EMMONS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2978.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2978. (1) An individual described in subsection (2) who,

 

in the course of the practice of his or her profession or his or

 

her employment, has reasonable cause to suspect human trafficking

 

and who in good faith reports the suspected human trafficking to a

 

law enforcement agency or cooperates in an investigation of the

 

suspected human trafficking is immune from civil liability for the

 

reporting or cooperation.

 

     (2) This section applies to all of the following:

 

     (a) A physician, dentist, physician's assistant, dental

 

hygienist, medical examiner, nurse, individual licensed to provide

 

emergency medical care, audiologist, psychologist, marriage and

 

family therapist, licensed professional counselor, social worker,

 

licensed master's social worker, licensed bachelor's social worker,

 

registered social service technician, social service technician,

 

person employed in a professional capacity in any office of the

 

friend of the court, school administrator, school counselor or

 

teacher, law enforcement officer, member of the clergy, or

 

regulated child care provider.

 

     (b) Any of the following employees of the department of human

 

services:

 

     (i) An eligibility specialist.

 

     (ii) A family independence manager.

 

     (iii) A family independence specialist.

 

     (iv) A social services specialist.

 

     (v) A social work specialist.

 

     (vi) A social work specialist manager.

 

     (vii) A welfare services specialist.

 

     (3) An individual who makes a report or cooperates as

 

described in subsection (1) is presumed to have acted in good

 

faith.

 

     (4) The immunity from civil liability under this section does

 

not apply to a negligent act that causes personal injury or death

 

or to the malpractice of a physician that results in personal

 

injury or death.

 

     (5) As used in this section, "human trafficking" means an act

 

that is a violation of chapter LXVIIA of the Michigan penal code,

 

1931 PA 328, MCL 750.462a to 750.462j.