February 10, 2022, Introduced by Rep. Cynthia Johnson and referred to the Committee on Judiciary.

A bill to impose a duty on individuals to assist other individuals who are exposed to physical harm; to limit civil liability of individuals who provide assistance; and to impose penalties and provide remedies for failing to act.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "duty to care law".

Sec. 2. As used in this act:

(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

(b) "Health professional" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(c) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

Sec. 3. (1) An individual who knows that another individual is exposed to grave physical harm shall give reasonable assistance to the exposed individual to the extent that the assistance can be rendered without danger or peril to himself or herself and without interference with important duties owed to others, and unless the assistance is being provided by others.

(2) An individual who provides assistance under subsection (1) is not liable in civil damages unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration.

Sec. 4. (1) A law enforcement officer has a duty to care. The duty to care means the officer has a duty to act to prevent harm to an individual by the use of excessive force by another law enforcement officer if both of the following apply:

(a) The officer observes or has reason to know that the other officer will use or is using excessive force.

(b) The officer has the opportunity and the means to prevent the harm to the individual.

(2) A law enforcement officer who breaches the duty to care under subsection (1) is liable to the individual harmed for damages that result from the harm.

Sec. 5. A violation of this act is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

Sec. 6. (1) This act does not alter existing law concerning tort liability of a health professional for acts committed in the ordinary course of the health professional's practice.

(2) This act does not limit any other liability that may be imposed under law on an individual who has a duty to act under this act.

Enacting section 1. This act does not take effect unless Senate Bill No.____ or House Bill No.____ (request no. 01644'21 a) of the 101st Legislature is enacted into law.