The proposed bill amends the Revised Judicature Act of 1961 by introducing a new section, 2950p, which establishes a framework for issuing personal protection orders specifically designed for elders and vulnerable adults. Individuals aged 60 or older, as well as those defined as vulnerable adults or with developmental disabilities, can petition the circuit court for these orders. The bill outlines various harmful actions that can be prohibited, such as entering premises, assaulting the petitioner, threatening harm, and financial exploitation. It also provides the court with the authority to grant additional relief to prevent such exploitation and emphasizes that the court must issue an order if there is reasonable cause to believe that the respondent may commit acts of violence or exploitation.
Additionally, the bill includes several key provisions aimed at enhancing protections for these individuals. It requires a statement allowing respondents a designated period to collect personal belongings from the petitioner's premises with law enforcement present and prior notice. The bill mandates that any monetary awards to the petitioner specify the amount for damages, costs, and attorney fees, along with payment due dates and consequences for non-payment. It allows for the issuance of ex parte personal protection orders without prior notice if immediate harm is evident, valid for at least 182 days. The bill also outlines the responsibilities of the court clerk in notifying law enforcement and the petitioner about the issuance of protection orders, ensuring their immediate enforceability and establishing penalties for non-compliance, while clarifying that a finding of vulnerability does not imply the need for guardianship.
Statutes affected: Substitute (S-1): 600.101, 600.9947
Senate Introduced Bill: 600.101, 600.9947
As Passed by the Senate: 600.101, 600.9947