Michigan Advisory Opinions January 17, 1980: AGO 5627 (January 17, 1980)

AGO 5627.

You have requested my opinion on the following question:

'Can the initiative petition drive to eliminate good time be set aside by a new criminal code which would deal with presumptive sentencing; if so, could the criminal code be passed by 56 votes or 2/3 + 1 of the Michigan House of Representatives?'

The right to propose, enact and reject laws by initiative is expressly reserved to the people by Const 1963, art 2, Sec. 9.

Const 1963, art 2, Sec. 9, also makes provisions for amendment and repeal of laws enacted by the initiative in the following manner:

'. . . no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature. . . .' (emphasis added)

1978 PA Initiated Measure, 1953 PA 232, Sec. 33; MCLA 791.233; MSA 28.2303 was approved by the people on November 7, 1978. The purpose of this initiated measure is to prohibit granting paroles to persons convicted of certain crimes until they had served the minimum sentence imposed by the court.

Therefore, any law enacted by the Legislature to amend or repeal such initiated measure must be passed by favorable vote of three-fourths of the members elected to and serving in each house of the Legislature. This is true even if the amendment or repeal is contained in a code of laws.

Frank J. Kelley

Attorney General