Bill > HJRP

This joint resolution proposes an amendment to the Michigan state constitution that clarifies the process for suspending the writ of habeas corpus during times of rebellion or invasion. Specifically, the amendment establishes a formal mechanism for determining whether public safety requires suspending habeas corpus rights, which is a legal protection that prevents unlawful detention. Under the proposed amendment, the state Supreme Court would be required to make a determination within 48 hours if requested by the governor, attorney general, or through a legislative resolution passed by both chambers. The resolution maintains the existing constitutional language that habeas corpus can only be suspended when public safety is at risk during a rebellion or invasion, but adds a more structured process for making that critical determination. If approved, this amendment would provide a clearer legal framework for addressing extreme circumstances that might threaten public safety while still protecting individual rights to judicial review of detention.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-HJR-P