SB 260 Michigan Senate · 2025-2026 Regular Session

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: SB 257'25

Senate Bill 260 amends Michigan's governmental immunity act, specifically for public universities, colleges, and school districts. It removes their immunity from tort liability in cases of criminal sexual conduct committed by their employees or agents. These institutions can be held liable if they were negligent in hiring, supervision, or training, or if they had knowledge of the conduct and failed to report it to law enforcement. However, liability is only imposed if the institution also had prior knowledge of the individual's propensity for or previous acts of criminal sexual conduct and failed to intervene to prevent the subsequent conduct.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2025

Committee Review

May 2025

Senate Passage

May 2025

House Passage

Governor

Introduced Apr 23, 2025 Last action May 20, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Senate Introduced Bill → As Passed by the Senate · 6 edits · May 20, 2025

MODERATE

This bill amends Michigan's governmental immunity law (1964 PA 170) to add new protections for public officials, employees, and volunteers while clarifying existing immunity rules. It introduces specific immunity for judges, legislators, and executive officials, expands protections for search and rescue operations, and adds a new section addressing liability for criminal sexual conduct by university and school district employees.

Scope change

The bill expands the scope of immunity protections to include judges, legislators, and executive officials, while adding new liability provisions for educational institutions regarding employee sexual misconduct.

ELIGIBILITY

Added immunity protections for judges, legislators, and the highest appointive executive officials when acting within their official authority.

Added immunity for guardian ad litem professionals when acting within their authority in legal proceedings.

DEFINITION

Added specific definitions for 'search and rescue operation medical assistant' and 'tactical operation medical assistant' to clarify who receives immunity protections during emergency operations.

Added detailed definitions for 'tactical operation' to specify when law enforcement teams qualify for immunity protections during special operations.

REQUIREMENT

Added new Section 7d establishing liability for public universities and school districts when employees commit criminal sexual conduct, creating exceptions to governmental immunity in sexual misconduct cases.

TIMELINE

Added retroactive application provision for the new sexual misconduct liability section to cover actions commenced under specific judicial procedures.

Floor votes · Senate May 20, 2025

How they voted

25–13

Passed

Total votes 38

May 20, 2025

D Democratic19

19 Yea

100% Yea

R Republican19

6 Yea 13 Nay

68% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 20, 2025

Committee

referred to Committee on Government Operations

lower

May 20, 2025

Introduced

received on 05/20/2025

lower

May 20, 2025

Upper · Passed

PASSED ROLL CALL # 143 YEAS 25 NAYS 9 EXCUSED 3 NOT VOTING 0

upper

May 7, 2025

Upper · Passed

REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)

upper

May 6, 2025

Committee

REFERRED TO COMMITTEE OF THE WHOLE

upper

May 6, 2025

Upper · Passed

REPORTED FAVORABLY WITHOUT AMENDMENT 5/6/2025

upper

Apr 23, 2025

Committee

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY

upper

Apr 23, 2025

Introduced

INTRODUCED BY SENATOR JEFF IRWIN

upper

1 primary · 2 co-sponsors