HOUSE BILL No. 5813
April 17, 2018, Introduced by Reps. Runestad, Lucido, Crawford and Graves and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 15h to chapter IV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 15h. (1) After responding to an incident involving a
vulnerable adult or elder adult, a peace officer shall prepare a
vulnerable adult or elder adult incident report. Beginning 90 days
after the effective date of the amendatory act that added this
section, a peace officer shall use the standard vulnerable
adult/elder adult incident report form developed under subsection
(2) or a form substantially similar to that standard form. The
report must contain, but is not limited to containing, all of the
following:
(a) The address, date, and time of the incident.
(b) The name, address, home and work telephone numbers, race,
sex, and date of birth of the vulnerable adult or elder adult.
(c) The suspect's name, address, home and work telephone
numbers, race, sex, date of birth, and information describing the
suspect and if an injunction or restraining order covering the
suspect exists.
(d) The name, address, home and work telephone numbers, race,
sex, and date of birth of any witness, including a child of the
vulnerable adult, elder adult, or suspect, and the relationship of
the witness to the suspect, vulnerable adult, and elder adult.
(e) The following information about the incident being
investigated:
(i) The name of the person who called the law enforcement
agency.
(ii) The relationship of the vulnerable adult or elder adult
and the suspect.
(iii) Whether alcohol or controlled substance use was involved
in the incident, and by whom it was used.
(iv) A brief narrative describing the incident and the
circumstances that led to it.
(v) Whether and how many times the suspect physically
assaulted the vulnerable adult or elder adult and a description of
any weapon or object used.
(vi) A description of all injuries sustained by the vulnerable
adult or elder adult and an explanation of how the injuries were
sustained.
(vii) If the vulnerable adult or elder adult sought medical
attention, information concerning where and how the vulnerable
adult or elder adult was transported, whether the vulnerable adult
or elder adult was admitted to a hospital or clinic for treatment,
and the name and telephone number of the attending physician.
(viii) A description of any property damage, or money or
property stolen that is reported by the vulnerable adult or elder
adult or is evident at the scene.
(f) A description of any previous incidents between the
vulnerable adult or elder adult and the suspect.
(g) The date and time of the report and the name, badge
number, and signature of the peace officer completing the report.
(h) Certification the incident has been reported to adult
protective services pursuant to section 11a of the social welfare
act, 1939 PA 280, MCL 400.11a.
(i) A lethality assessment for the peace officer to document
whether any of the following apply to the relationship between the
vulnerable adult or elder adult and the suspect, to the vulnerable
adult's or elder adult's physical or mental health, or to the
suspect's behavior:
(i) The suspect has engaged in intimidation of the vulnerable
adult or elder adult by threats or yelling.
(ii) The suspect has used or threatened to use a weapon.
(iii) The suspect uses or abuses alcohol or a controlled
substance.
(iv) The vulnerable adult or elder adult is unable or is not
allowed to perform activities of daily living.
(v) The vulnerable adult or elder adult has open or untreated
wounds.
(vi) The suspect controls the finances of the vulnerable adult
or elder adult.
(vii) The vulnerable adult or elder adult is isolated from
friends, relatives, or social, recreational, or religious
activities.
(viii) The physical condition of the vulnerable adult or elder
adult appears poor or to be declining.
(ix) The mental condition of the vulnerable adult or elder
adult appears poor or to be declining.
(x) The living conditions of the vulnerable adult or elder
adult are poor or substandard.
(xi) There are prior incidents involving the suspect and adult
protective services or law enforcement.
(j) A vulnerable adult assessment that includes all of the
following information:
(i) Whether the victim is at least 18 years of age.
(ii) Whether the victim needs help with activities of daily
living.
(iii) Whether the victim is unable to protect himself or
herself from abuse, neglect, or exploitation.
(k) A physical risk assessment for the peace officer to
document all of the following observations regarding the vulnerable
adult or elder adult:
(i) Suspected neglect, abuse, or financial harm.
(ii) Soiled bedding.
(iii) Soiled bandages.
(iv) Signs of pain or reported pain.
(v) Signs of dehydration.
(vi) A lack of medication or improper medication.
(vii) A lock on the outside of an interior door to a room in
which the vulnerable adult or elder adult is living.
(viii) Bilateral grip marks on any portion of the body of the
vulnerable adult or elder adult.
(ix) A foul smell.
(x) A failure to maintain medical appointments.
(xi) A lack of access to mobility.
(xii) Evidence of cleaning prior to the arrival of the peace
officer.
(xiii) Inconsistent explanation of care.
(xiv) Signs of malnutrition or lack of food.
(xv) Narcotic medication.
(xvi) Filthy living conditions.
(xvii) Unusual physical signs.
(xviii) No signs of medication to relieve the vulnerable adult
or elder adult's pain.
(l) A financial risk assessment for the peace officer to
document all of the following regarding the vulnerable adult or
elder adult:
(i) Evidence of a caregiver whose only income is the
vulnerable adult or elder adult.
(ii) A caregiver controls the money of the vulnerable adult or
elder adult.
(iii) Poor or no care being given to the vulnerable adult or
elder adult.
(iv) Change in ownership of property, including deeds, car
titles, and accounts, of the vulnerable adult or elder adult within
the last 3 years.
(v) Misuse of legal documents to deplete the assets of the
vulnerable adult or elder adult, including documents regarding a
durable power of attorney, a guardianship, or a conservatorship.
(vi) A second mortgage or reverse mortgage given within the
last 3 years.
(vii) A recently purchased automobile by the vulnerable adult
or elder adult that he or she does not drive.
(viii) A new or missing credit card.
(ix) Missing valuables or antiques.
(2) Not later than 30 days after the effective date of the
amendatory act that added this section, the department of the
attorney general shall develop a standard vulnerable adult/elder
adult incident report form.
(3) As used in this section:
(a) "Activities of daily living" means any of the following:
(i) Walking.
(ii) Talking.
(iii) Cooking.
(iv) Bathing.
(v) Obtaining or using transportation.
(vi) Sitting.
(vii) Obtaining water or food.
(viii) Getting out of bed.
(ix) Taking medication.
(x) Banking.
(xi) Attending medical appointments.
(b) "Elder adult" means an adult who is 65 years of age or
older.
(c) "Vulnerable adult" means that term as defined in section
145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.