February 12, 2008, Introduced by Reps. Agema, Acciavatti, Palsrok, Shaffer, Horn, Pavlov, Amos, Meltzer, Stakoe, Booher, Emmons, Walker, Caswell, Stahl, Rick Jones, Huizenga, Casperson, Meekhof, DeRoche, Robertson, Nitz, Garfield, Opsommer, Knollenberg and Calley 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
prohibit granting bail to any person who is charged with a felony
and who has illegally entered or illegally remained in the United
States.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to prohibit granting bail to any person who
is charged with a felony and who has illegally entered or illegally
remained in the United States, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE I
Sec. 15. (1) No person shall be subject for the same offense
to be twice put in jeopardy.
(2) All persons other than persons described in subsection (3)
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 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.
(3) All persons who illegally entered the United States or
illegally remain in the United States and who are indicted for or
arraigned on a warrant charging any felony shall not be bailable.
(4) 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.
(5) 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.