HB-4819, As Passed House, October 11, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4819

     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

"Mozelle senior medical alert act".

     Sec. 2. As used in this act:

     (a) "Missing senior" means a resident of this state who is at

least 60 years of age, who is reported missing by a person familiar

with the missing senior, and who is believed to be incapable of

returning to his or her residence without assistance.

     (b) "Person familiar with the missing senior" means a missing

senior's guardian, custodian, or guardian ad litem or an individual

who provides the missing senior with home health aid services,

possesses a health care power of attorney for the missing senior,

has proof that the missing senior has a medical condition, or

otherwise has information regarding the missing senior.

     Sec. 3. A law enforcement agency that receives notice of a

missing senior from a person familiar with the missing senior shall

prepare a report on the missing senior. The report shall include

the following:

     (a) Relevant information obtained from the notification

concerning the missing senior, including the following:

     (i) A physical description of the missing senior.

     (ii) The date, time, and place that the missing senior was last

seen.

     (iii) The missing 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 after the law

enforcement agency receives notification of a missing senior.

     Sec. 5. (1) After obtaining the information identified in

section 3, the law enforcement agency shall immediately forward

that information to all of the following:

     (a) All law enforcement agencies that have jurisdiction in the

location where the missing senior resides and all law enforcement

agencies that have jurisdiction in the location where the missing

senior was last seen.

     (b) All law enforcement agencies to which the person who made

the notification concerning the missing 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 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

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 senior

and any other relevant information that would assist in locating

the missing senior.

     Sec. 6. A law enforcement agency shall begin an investigation

concerning the missing senior as soon as possible after receiving

notification of a missing senior.

     Sec. 7. A person familiar with the missing senior who notifies

a law enforcement agency concerning a missing senior shall notify

the law enforcement agency when he or she becomes aware that the

missing 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 senior and any other

relevant information that would assist in locating the missing

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.