CODE OF CRIMINAL PROCEDURE:
ABUSE OF VULNERABLE ADULT
House Bill 5011
Sponsor: Rep. Bob Constan
Committee: Senior Health, Security, and Retirement
Complete to5-29-09
A SUMMARY OF HOUSE BILL 5011 AS INTRODUCED5-28-09
House Bill 5011 would amend Chapter IV (MCL 764.1a) of the Code of Criminal Procedure to specify that a magistrate could not refuse to accept a complaint alleging a crime had been committed against a vulnerable adult on the grounds that the complaint is signed upon information and belief by an individual other than the victim.
Chapter IV of the Code of Criminal Procedure deals with arrests, and it requires a magistrate to issue an arrest warrant upon the presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the accused individual has committed that offense. The statute lays out the proper basis for a finding of reasonable cause.
As defined in the Michigan Penal Code, a vulnerable adult, generally speaking, is (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) an individual unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age; or (3) a child placed in an adult foster care family home or an adult foster care small group home with the approval of the Department of Human Services.
[There is currently a similar provision in the Code of Criminal Procedure that prohibits a magistrate from refusing to accept a complaint alleging assault or aggravated assault by the victim's spouse or former spouse, an individual with whom the victim has had a child in common, or an individual residing or having resides in the same household as the victim on grounds that the complaint is signed upon information and belief by an individual other than the victim.]
FISCAL IMPACT:
The bill could create increased local court and law enforcement costs if by prohibiting the magistrate from refusing to accept complaints on additional grounds, it resulted in increased arrests.
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.