SB 111 — Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.

SB-111, As Passed Senate, April 16, 2025 SUBSTITUTE FOR SENATE BILL NO.

(1) An individual who is 60 years of age or older, is a vulnerable adult as defined in section 174a of the Michigan penal code, 1931 PA 328, MCL 750.174a, or has a developmental disability as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a, may, by commencing an independent action to obtain relief under this section, by joining a claim to an action, or by filing a motion in an action in which the petitioner and the respondent are parties, petition the circuit court to enter an elder and vulnerable adult personal protection TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 order.

(h) Exercising decision-making authority over the petitioner, TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 unless the decision-making authority was granted under an order of another court.

(f) Allowing the petitioner to file a notice lis pendens for a reasonable period of time, set by the court, regarding any property TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 that is in dispute.

TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 (5) The court shall issue an elder and vulnerable adult personal protection order under this section if the court determines that there is reasonable cause to believe that the individual to be restrained or enjoined may commit 1 or more of the following acts:

TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 (h) Destroying or threatening to destroy the petitioner's owned or leased property, including either real or personal property.

(a) The individual to be restrained or enjoined has a property TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 interest in the premises.

This subsection does not apply to a petitioner who does not know the TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 respondent's occupation.

(i) If the respondent is 18 years of age or older, immediate arrest and the civil and criminal contempt powers of the court and, if the respondent is found guilty of criminal contempt, TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 imprisonment for not more than 93 days and a fine of not more than $500.00.

(g) For ex parte orders, a statement that the individual restrained or enjoined may file a motion to modify or rescind the elder and vulnerable adult personal protection order and request a TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 hearing within 14 days after the individual restrained or enjoined has been served or has received actual notice of the order and that motion forms and filing instructions are available from the clerk of the court.

A motion to modify or rescind the order must be filed not later than 14 days after the order is served or after the individual restrained or enjoined has received actual notice of the TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 personal protection order unless good cause is shown for filing the motion after the 14 days have elapsed.

(e) If the elder and vulnerable adult personal protection order prohibits the respondent from purchasing or possessing a TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 firearm, notify the county clerk of the respondent's county of residence about the existence and contents of the order.

If the individual restrained or enjoined has not been served, a law enforcement officer, court officer, or clerk of the court who knows that a personal protection order exists may, at any time, serve the individual restrained or enjoined with a true copy of the order or advise the individual restrained or enjoined of the existence of the order, the specific conduct enjoined, the penalties for violating the order, and where the individual restrained or enjoined may obtain a copy of the TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 order.

(26) If the individual restrained or enjoined has not been TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 served, a law enforcement agency or officer responding to a call alleging a violation of an elder and vulnerable adult personal protection order shall serve the individual restrained or enjoined with a true copy of the order or advise the individual restrained or enjoined of the existence of the order, the specific conduct enjoined, the penalties for violating the order, and where the individual restrained or enjoined may obtain a copy of the order.

An individual who is less than 18 years of age and who refuses or fails to comply with an elder and vulnerable adult TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 personal protection order issued under this section is subject to the dispositional alternatives listed in section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.

TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i 1 (33) A finding that a petitioner is a vulnerable adult for purposes of obtaining a personal protection order under this section does not give rise to an inference that the petitioner requires a guardianship or conservatorship when considering a petition for a guardianship or conservatorship under article V of the estates and protected individuals code, 1998 PA 386, MCL 700.5101 to 700.5520, or for a guardianship under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.

TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i (f) "The C.J.I.S.

Final Page TDR S01835'25 (S-1)(S-1)_SB111_APS_1 o1rfinbwtc1i