FINANCIAL NEGLECT, ABUSE, OR HARM

OF VULNERABLE OR ELDER ADULT

House Bill 5813 as enacted

Public Act 617 of 2018

Sponsor:  Rep. Jim Runestad

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

Complete to 6-25-19

SUMMARY:

House Bill 5813 adds section 15h to Chapter IV of the Code of Criminal Procedure. The new section allows a peace officer, after responding to an incident involving alleged physical abuse of a vulnerable adult or elder adult, to also investigate for financial neglect, abuse, or harm.

Elder adult means an adult who is 65 years of age or older.

Vulnerable adult means that term as defined in section 145m of the Michigan Penal Code, namely:

·         An individual 18 years of age or older who, because of age, developmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills required to live independently.

·         A person who is placed in an adult foster care family home or an adult foster care small group home under section 5(6) or (8) of 1973 PA 116.

·         A vulnerable person 18 years of age or older who is suspected of being or believed to be abused, neglected, or exploited.

The bill took effect March 28, 2019.

MCL 764.15h

FISCAL IMPACT:

House Bill 5813 would have an indeterminate fiscal impact on the Department of State Police and on local law enforcement agencies. If additional investigations for financial neglect, abuse, or harm occur, law enforcement offices may experience an indeterminate increase in costs.

                                                                                         Legislative Analyst:   E. Best

                                                                                                 Fiscal Analyst:   Marcus Coffin

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.