VULNERABLE ADULT COMPLAINT SIGNATURE S.B. 468: FLOOR SUMMARY
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Senate Bill 468 (as reported without amendment)
Sponsor: Senator Goeff Hansen
Committee: Families, Seniors and Human Services

CONTENT
The bill would amend the Code of Criminal Procedure to prohibit a magistrate from refusing to accept a complaint alleging a crime committed against a vulnerable adult because the complaint was signed by an individual other than the victim.


The Code requires a magistrate to issue an arrest warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed the offense. Under the bill, the magistrate could not refuse to accept a complaint alleging that a crime was committed in which the victim was a vulnerable adult on the grounds that the complaint was signed upon information and belief by an individual other than the victim.

"Vulnerable adult" would mean that term as defined in Section 145m of the Penal Code. Under that section, "vulnerable adult" means one or more of the following:

-- An individual who is at least 18 years old who requires supervision or personal care or lacks the personal and social skills required to live independently due to age, developmental disability, mental illness, or physical disability.
-- A child placed in an adult foster care family home or small group home as authorized by the Department of Human Services.
-- A vulnerable person (unable to protect himself or herself because of a mental or physical impairment or advanced age) who is at least 18 years old who is suspected of being or believed to be abused, neglected, or exploited.


MCL 764.1a Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have an indeterminate, but likely negligible, fiscal impact on State and local government. To the extent that the bill increased the workload of various district or municipal courts, local jurisdictions could incur additional administrative costs.



Date Completed: 9-30-11 Fiscal Analyst: Matthew Grabowski

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb468/1112