ALLOW VULNERABLE ADULT TESTIMONY

BY VIDEOTAPE OR CLOSED-CIRCUIT TV

House Bill 4621

Sponsor:  Rep. Dian Slavens

Committee:  Senior Health, Security, and Retirement

Complete to 5-19-09

A SUMMARY OF HOUSE BILL 4621 AS INTRODUCED 3-18-09

House Bill 4621would amend the Revised Judicature Act to permit, in a court proceeding in this state, the testimony of a witness who is a vulnerable adult to be presented to the court or jury by closed circuit television, video recording, or other similar means.

The term "vulnerable adult" as used in the bill is found in the Michigan Penal Code, where it means one or more of the following:

(1) An individual age 18 or over 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.

(2) Certain older children who are placed in adult foster care family homes or an adult foster care small group homes under the Child Care Organizations Act.  (This definition is from Section 3(1)(b) of the Adult Foster Care Facility Licensing Act, MCL 400.703.)

(3) A vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.   (This definition is from Section 11(b) of the Social Welfare Act, MCL 400.11.)

MCL 600.2170

FISCAL IMPACT:

House Bill 4621 will have little or no fiscal impact on the judiciary.

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Ben Gielczyk

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