MICHIGAN CONSTITUTION
ARTICLE I
DECLARATION OF RIGHTS
Art. I §1 | POLITICAL POWER
Art. I §2 | EQUAL PROTECTION; DISCRIMINATION
Art. I §3 | ASSEMBLY, CONSULTATION, INSTRUCTION, PETITION
Art. I §4 | FREEDOM OF WORSHIP AND RELIGIOUS BELIEF; APPROPRIATIONS
Art. I §5 | FREEDOM OF SPEECH AND OF PRESS
Art. I §6 | BEARING OF ARMS
Art. I §7 | MILITARY POWER SUBORDINATE TO CIVIL POWER
Art. I §8 | QUARTERING OF SOLDIERS
Art. I §9 | SLAVERY AND INVOLUNTARY SERVITUDE
Art. I §10 | ATTAINDER; EX POST FACTO LAWS; IMPAIRMENT OF CONTRACTS
Art. I §11 | SEARCHES AND SEIZURES
Footnotes
Constitutionality
The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (DC Mich 1969); People v Pennington, 383 Mich 611; 178 NW2d 460 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).Art. I §12 | HABEAS CORPUS
Art. I §13 | CONDUCT OF SUITS IN PERSON OR BY COUNSEL
Art. I §14 | JURY TRIALS
Art. I §15 | DOUBLE JEOPARDY; BAILABLE OFFENSES; COMMENCEMENT OF TRIAL IF BAIL DENIED; BAIL HEARING; EFFECTIVE DATE
(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.
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.
Footnotes
Effective Date
The language certified by the Board of Canvassers was identical to House Joint Resolution Q of 1978, except for the deletion of the last sentence which contained the proposed May 1, 1979, effective date.The May 1, 1979, effective date provision of House Joint Resolution Q was not stated in the text of ballot Proposal K or in any of the material circulated by the Secretary of State, and was neither considered nor voted upon by the electors in the November 7, 1978, general election.
Therefore, the effective date of Proposal K is December 23, 1978, which was the date 45 days after the election as provided by Const. 1963, Art. XII, §1. Op. Atty. Gen., No. 5533 (1979).
Art. I §16 | BAIL; FINES; PUNISHMENTS; DETENTION OF WITNESSES
Art. I §17 | SELF-INCRIMINATION; DUE PROCESS OF LAW; FAIR TREATMENT AT INVESTIGATIONS
Art. I §18 | WITNESSES; COMPETENCY, RELIGIOUS BELIEFS
Art. I §19 | LIBELS, TRUTH AS DEFENSE
Art. I §20 | RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
Art. I §21 | IMPRISONMENT FOR DEBT
Art. I §22 | TREASON; DEFINITION, EVIDENCE
Art. I §23 | ENUMERATION OF RIGHTS NOT TO DENY OTHERS
Art. I §24 | RIGHTS OF CRIME VICTIMS; ENFORCEMENT; ASSESSMENT AGAINST CONVICTED DEFENDANTS
The right to timely disposition of the case following arrest of the accused.
The right to be reasonably protected from the accused throughout the criminal justice process.
The right to notification of court proceedings.
The right to attend trial and all other court proceedings the accused has the right to attend.
The right to confer with the prosecution.
The right to make a statement to the court at sentencing.
The right to restitution.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
(3) The legislature may provide for an assessment against convicted defendants to pay for crime victims’ rights.
Art. I §25 | MARRIAGE
Art. I §26 | AFFIRMATIVE ACTION PROGRAMS
(2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(3) For the purposes of this section “state” includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the State of Michigan not included in subsection 1.
(4) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(5) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(6) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Michigan anti-discrimination law.
(7) This section shall be self-executing. If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision held invalid shall be severable from the remaining portions of this section.
(8) This section applies only to action taken after the effective date of this section.
(9) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.
Art. I §27 | HUMAN EMBRYO AND EMBRYONIC STEM CELL RESEARCH
(2) To ensure that Michigan citizens have access to stem cell therapies and cures, and to ensure that physicians and researchers can conduct the most promising forms of medical research in this state, and that all such research is conducted safely and ethically, any research permitted under federal law on human embryos may be conducted in Michigan, subject to the requirements of federal law and only the following additional limitations and requirements:
(b) The human embryos were created for the purpose of fertility treatment and, with voluntary and informed consent, documented in writing, the person seeking fertility treatment chose to donate the embryos for research; and
(ii) the embryos were not suitable for implantation and would otherwise be discarded unless they are used for research.
(d) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not:
(ii) create disincentives for any person to engage in or otherwise associate with such research or therapies or cures.
Art. I §28 | RIGHT TO REPRODUCTIVE FREEDOM
An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.
(2) The state shall not discriminate in the protection or enforcement of this fundamental right.
(3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.
(4) For the purposes of this section:
“Fetal viability” means: the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
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