March 29, 2007, Introduced by Reps. Calley and Sheen and referred to the Committee on Judiciary.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 15 of article I, to allow
the prohibition of bail for a person who is indicted for or
arraigned on a warrant charging attempted murder.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to allow the prohibition of bail for a person
who is indicted for or arraigned on a warrant charging attempted
murder, is proposed, agreed to, and submitted to the people of the
state:
ARTICLE I
Sec. 15. No person shall be subject for the same offense to be
twice put in jeopardy. All persons shall, before conviction, be
bailable by sufficient sureties, except that bail may be denied for
the following persons when the proof is evident or the presumption
great:
(a) A person who, within the 15 years immediately preceding a
motion for bail pending the disposition of an indictment for a
violent felony or of an arraignment on a warrant charging a violent
felony, has been convicted of 2 or more violent felonies under the
laws of this state or under substantially similar laws of the
United States or another state, or a combination thereof, only if
the prior felony convictions arose out of at least 2 separate
incidents, events, or transactions.
(b) A person who is indicted for, or arraigned on a warrant
charging, murder, attempted murder, or treason.
(c) A person who is indicted for, or arraigned on a warrant
charging, criminal sexual conduct in the first degree, armed
robbery, or kidnapping with intent to extort money or other
valuable thing thereby, unless the court finds by clear and
convincing evidence that the defendant is not likely to flee or
present a danger to any other person.
(d) A person who is indicted for, or arraigned on a warrant
charging, a violent felony which is alleged to have been committed
while the person was on bail, pending the disposition of a prior
violent felony charge or while the person was on probation or
parole as a result of a prior conviction for a violent felony.
If a person is denied admission to bail under this section,
the trial of the person shall be commenced not more than 90 days
after the date on which admission to bail is denied. If the trial
is not commenced within 90 days after the date on which admission
to bail is denied and the delay is not attributable to the defense,
the court shall immediately schedule a bail hearing and shall set
the amount of bail for the person.
As used in this section, "violent felony" means a felony, an
element of which involves a violent act or threat of a violent act
against any other person.
This section, as amended, shall not take effect until May 1,
1979.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.