August 31, 2005, Introduced by Senator BROWN and referred to the Committee on Judiciary.
A bill to prescribe the senior 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
"senior medical alert act".
Sec. 2. As used in this act:
(a) "Missing endangered senior" means a resident of this state
who is at least 65 years of age, who is reported missing by a
person familiar with the missing endangered senior, and who is
believed to be incapable of returning to his or her residence
without assistance.
(b) "Person familiar with the missing endangered senior" means
a missing endangered senior's guardian, custodian, or guardian ad
litem or an individual who provides the missing endangered senior
with home health aid services, possesses a health care power of
attorney for the missing endangered senior, or has proof that the
missing endangered senior has a medical condition.
Sec. 3. A law enforcement agency that receives notice of a
missing endangered senior from a person familiar with the missing
endangered senior shall prepare a report on the missing endangered
senior. The report shall include the following:
(a) Relevant information obtained from the notification
concerning the missing endangered senior, including the following:
(i) A physical description of the missing endangered senior.
(ii) The date, time, and place that the missing endangered
senior was last seen.
(iii) The missing endangered senior'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, but not later than 5
hours after the law enforcement agency receives notification of a
missing endangered senior.
Sec. 5. (1) Upon completion of the report required by section
3, the law enforcement agency shall immediately forward the
contents of the report to all of the following:
(a) All law enforcement agencies that have jurisdiction in the
location where the missing endangered senior resides and all law
enforcement agencies that have jurisdiction in the location where
the missing endangered senior was last seen.
(b) All law enforcement agencies to which the person who made
the notification concerning the missing endangered senior 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 endangered senior 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
endangered senior 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 medical alert.
(b) Broadcast or publish a description of the missing
endangered senior and any other relevant information that would
assist in locating the missing endangered senior.
Sec. 6. A law enforcement agency shall begin an investigation
concerning the missing endangered senior as soon as possible after
receiving notification of a missing endangered senior.
Sec. 7. A person familiar with the missing endangered senior
who notifies a law enforcement agency concerning a missing
endangered senior shall notify the law enforcement agency when he
or she becomes aware that the missing endangered senior has been
found.
Sec. 8. (1) A broadcaster or newspaper that notifies the
public that there is a senior 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 endangered senior
and any other relevant information that would assist in locating
the missing endangered senior, 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.