March 10, 2011, Introduced by Senators WHITMER, HUNTER, BIEDA, SCHUITMAKER, GLEASON, ANDERSON, WARREN, SMITH and HOOD and referred to the Committee on Judiciary.
A bill to prescribe the missing senior or vulnerable adult
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 missing senior or vulnerable adult 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 by a person
familiar with the individual 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 radio or television 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 radio or
television 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 missing senior or
vulnerable adult 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 missing senior or vulnerable adult 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.