SENATE BILL No. 466

 

 

June 15, 2011, Introduced by Senators SCHUITMAKER, JONES, HANSEN, EMMONS, PROOS, KAHN and MARLEAU and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to prescribe the senior or vulnerable adult medical

 

alert as the official response to reports of certain missing

 

persons; to provide for the broadcast of information regarding

 

those incidents; and to provide for certain civil immunity.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"Mozelle senior or vulnerable adult medical alert act".

 

     Sec. 2. As used in this act:

 

     (a) "Missing senior or vulnerable adult" means a resident of

 

this state who is 1 of the following:

 

     (i) At least 60 years of age and is believed to be incapable of

 

returning to his or her residence without assistance and is

 

reported missing by a person familiar with that individual.

 

     (ii) A vulnerable adult, as that term is defined in section

 


145m of the Michigan penal code, 1931 PA 328, MCL 750.145m, who is

 

reported missing by a person familiar with that individual.

 

     (b) "Person familiar with the missing senior or vulnerable

 

adult" means a missing senior's or vulnerable adult's guardian,

 

custodian, or guardian ad litem or an individual who provides the

 

missing senior or vulnerable adult with home health aid services,

 

possesses a health care power of attorney for the missing senior or

 

vulnerable adult, has proof that the missing senior or vulnerable

 

adult has a medical condition, or otherwise has information

 

regarding the missing senior or vulnerable adult.

 

     Sec. 3. A law enforcement agency that receives notice of a

 

missing senior or vulnerable adult from a person familiar with the

 

missing senior or vulnerable adult shall prepare a report on the

 

missing senior or vulnerable adult. The report shall include the

 

following:

 

     (a) Relevant information obtained from the notification

 

concerning the missing senior or vulnerable adult, including the

 

following:

 

     (i) A physical description of the missing senior or vulnerable

 

adult.

 

     (ii) The date, time, and place that the missing senior or

 

vulnerable adult was last seen.

 

     (iii) The missing senior's or vulnerable adult's address.

 

     (b) Information gathered by a preliminary investigation, if

 

one was made.

 

     (c) A statement by the law enforcement officer in charge

 

setting forth that officer's assessment of the case based upon the

 


evidence and information received.

 

     Sec. 4. The law enforcement agency shall prepare the report

 

required by section 3 as soon as practicable after the law

 

enforcement agency receives notification of a missing senior or

 

vulnerable adult.

 

     Sec. 5. (1) After obtaining the information identified in

 

section 3, the law enforcement agency shall immediately forward

 

that information to all of the following:

 

     (a) All law enforcement agencies that have jurisdiction in the

 

location where the missing senior or vulnerable adult resides and

 

all law enforcement agencies that have jurisdiction in the location

 

where the missing senior or vulnerable adult was last seen.

 

     (b) All law enforcement agencies to which the person who made

 

the notification concerning the missing senior or vulnerable adult

 

requests the report be sent, if the law enforcement agency

 

determines that the request is reasonable in light of the

 

information received.

 

     (c) All law enforcement agencies that request a copy of the

 

report.

 

     (d) One or more broadcasters that broadcast in an area where

 

the missing senior or vulnerable adult may be located.

 

     (2) Upon completion of the report required by section 3, a law

 

enforcement agency may forward a copy of the contents of the report

 

to 1 or more newspapers distributed in an area where the missing

 

senior or vulnerable adult may be located.

 

     (3) After forwarding the contents of the report to a

 

broadcaster or newspaper under this section, the law enforcement

 


agency shall request that the broadcaster or newspaper do the

 

following:

 

     (a) Notify the public that there is a senior or vulnerable

 

adult medical alert.

 

     (b) Broadcast or publish a description of the missing senior

 

or vulnerable adult and any other relevant information that would

 

assist in locating the missing senior or vulnerable adult.

 

     Sec. 6. A law enforcement agency shall begin an investigation

 

concerning the missing senior or vulnerable adult as soon as

 

possible after receiving notification of a missing senior or

 

vulnerable adult.

 

     Sec. 7. A person familiar with the missing senior or

 

vulnerable adult who notifies a law enforcement agency concerning a

 

missing senior or vulnerable adult shall notify the law enforcement

 

agency when he or she becomes aware that the missing senior or

 

vulnerable adult has been found.

 

     Sec. 8. (1) A broadcaster or newspaper that notifies the

 

public that there is a senior or vulnerable adult medical alert and

 

broadcasts or publishes to the public information contained in the

 

report forwarded to the broadcaster or newspaper by a law

 

enforcement agency, including a description of the missing senior

 

or vulnerable adult and any other relevant information that would

 

assist in locating the missing senior or vulnerable adult, is

 

immune from civil liability for an act or omission related to the

 

broadcast or the publication of the newspaper.

 

     (2) The civil immunity described in subsection (1) does not

 

apply to an act or omission that constitutes gross negligence or

 


willful, wanton, or intentional misconduct.