ARTICLE 1 DECLARATION OF RIGHTS



SECTION 1.  All people are by nature free and independent and have
inalienable rights.  Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.



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ARTICLE 1  DECLARATION OF RIGHTS


SEC. 2.  (a) Every person may freely speak, write and publish his or
her sentiments on all subjects, being responsible for the abuse of
this right. A law may not restrain or abridge liberty of speech or
press.
   (b) A publisher, editor, reporter, or other person connected with
or employed upon a newspaper, magazine, or other periodical
publication, or by a press association or wire service, or any person
who has been so connected or employed, shall not be adjudged in
contempt by a judicial, legislative, or administrative body, or any
other body having the power to issue subpoenas, for refusing to
disclose the source of any information procured while so connected or
employed for publication in a newspaper, magazine or other
periodical publication, or for refusing to disclose any unpublished
information obtained or prepared in gathering, receiving or
processing of information for communication to the public.
   Nor shall a radio or television news reporter or other person
connected with or employed by a radio or television station, or any
person who has been so connected or employed, be so adjudged in
contempt for refusing to disclose the source of any information
procured while so connected or employed for news or news commentary
purposes on radio or television, or for refusing to disclose any
unpublished information obtained or prepared in gathering, receiving
or processing of information for communication to the public.
   As used in this subdivision, "unpublished information" includes
information not disseminated to the public by the person from whom
disclosure is sought, whether or not related information has been
disseminated and includes, but is not limited to, all notes,
outtakes, photographs, tapes or other data of whatever sort not
itself disseminated to the public through a medium of communication,
whether or not published information based upon or related to such
material has been disseminated.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 3.  (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
   (b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the
meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
   (2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access.  A statute, court rule,
or other authority adopted after the effective date of this
subdivision that limits the right of access shall be adopted with
findings demonstrating the interest protected by the limitation and
the need for protecting that interest.
   (3) Nothing in this subdivision supersedes or modifies the right
of privacy guaranteed by Section 1 or affects the construction of any
statute, court rule, or other authority to the extent that it
protects that right to privacy, including any statutory procedures
governing discovery or disclosure of information concerning the
official performance or professional qualifications of a peace
officer.
   (4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.
   (5) This subdivision does not repeal or nullify, expressly or by
implication, any constitutional or statutory exception to the right
of access to public records or meetings of public bodies that is in
effect on the effective date of this subdivision, including, but not
limited to, any statute protecting the confidentiality of law
enforcement and prosecution records.
   (6) Nothing in this subdivision repeals, nullifies, supersedes, or
modifies protections for the confidentiality of proceedings and
records of the Legislature, the Members of the Legislature, and its
employees, committees, and caucuses provided by Section 7 of Article
IV, state law, or legislative rules adopted in furtherance of those
provisions; nor does it affect the scope of permitted discovery in
judicial or administrative proceedings regarding deliberations of the
Legislature, the Members of the Legislature, and its employees,
committees, and caucuses.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 4.  Free exercise and enjoyment of religion without
discrimination or preference are guaranteed.  This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State.  The Legislature shall make no
law respecting an establishment of religion.
   A person is not incompetent to be a witness or juror because of
his or her opinions on religious beliefs.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 5.  The military is subordinate to civil power.  A standing
army may not be maintained in peacetime.  Soldiers may not be
quartered in any house in wartime except as prescribed by law, or in
peacetime without the owner's consent.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 6.  Slavery is prohibited.  Involuntary servitude is prohibited
except to punish crime.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 7.  (a) A person may not be deprived of life, liberty, or
property without due process of law or denied equal protection of the
laws; provided, that nothing contained herein or elsewhere in this
Constitution imposes upon the State of California or any public
entity, board, or official any obligations or responsibilities which
exceed those imposed by the Equal Protection Clause of the 14th
Amendment to the United States Constitution with respect to the use
of pupil school assignment or pupil transportation.  In enforcing
this subdivision or any other provision of this Constitution, no
court of this State may impose upon the State of California or any
public entity, board, or official any obligation or responsibility
with respect to the use of pupil school assignment or pupil
transportation, (1) except to remedy a specific violation by such
party that would also constitute a violation of the Equal Protection
Clause of the 14th Amendment to the United States Constitution, and
(2) unless a federal court would be permitted under federal
decisional law to impose that obligation or responsibility upon such
party to remedy the specific violation of the Equal Protection Clause
of the 14th Amendment of the United States Constitution.
   Except as may be precluded by the Constitution of the United
States, every existing judgment, decree, writ, or other order of a
court of this State, whenever rendered, which includes provisions
regarding pupil school assignment or pupil transportation, or which
requires a plan including any such provisions shall, upon application
to a court having jurisdiction by any interested person, be modified
to conform to the provisions of this subdivision as amended, as
applied to the facts which exist at the time of such modification.
   In all actions or proceedings arising under or seeking application
of the amendments to this subdivision proposed by the Legislature at
its 1979-80 Regular Session, all courts, wherein such actions or
proceedings are or may hereafter be pending, shall give such actions
or proceedings first precedence over all other civil actions therein.

   Nothing herein shall prohibit the governing board of a school
district from voluntarily continuing or commencing a school
integration plan after the effective date of this subdivision as
amended.
   In amending this subdivision, the Legislature and people of the
State of California find and declare that this amendment is necessary
to serve compelling public interests, including those of making the
most effective use of the limited financial resources now and
prospectively available to support public education, maximizing the
educational opportunities and protecting the health and safety of all
public school pupils, enhancing the ability of parents to
participate in the educational process, preserving harmony and
tranquility in this State and its public schools, preventing the
waste of scarce fuel resources, and protecting the environment.
   (b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or
revoked.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 8.  A person may not be disqualified from entering or pursuing
a business, profession, vocation, or employment because of sex, race,
creed, color, or national or ethnic origin.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 9.  A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 10.  Witnesses may not be unreasonably detained.  A person may
not be imprisoned in a civil action for debt or tort, or in peacetime
for a militia fine.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 11.  Habeas corpus may not be suspended unless required by
public safety in cases of rebellion or invasion.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 12.  A person shall be released on bail by sufficient sureties,
except for:
   (a) Capital crimes when the facts are evident or the presumption
great;
   (b) Felony offenses involving acts of violence on another person,
or felony sexual assault offenses on another person, when the facts
are evident or the presumption great and the court finds based upon
clear and convincing evidence that there is a substantial likelihood
the person's release would result in great bodily harm to others; or
   (c) Felony offenses when the facts are evident or the presumption
great and the court finds based on clear and convincing evidence that
the person has threatened another with great bodily harm and that
there is a substantial likelihood that the person would carry out the
threat if released.
   Excessive bail may not be required.  In fixing the amount of bail,
the court shall take into consideration the seriousness of the
offense charged, the previous criminal record of the defendant, and
the probability of his or her appearing at the trial or hearing of
the case.
   A person may be released on his or her own recognizance in the
court's discretion.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 13.  The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seized.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 14.  Felonies shall be prosecuted as provided by law, either by
indictment or, after examination and commitment by a magistrate, by
information.
   A person charged with a felony by complaint subscribed under
penalty of perjury and on file in a court in the county where the
felony is triable shall be taken without unnecessary delay before a
magistrate of that court.  The magistrate shall immediately give the
defendant a copy of the complaint, inform the defendant of the
defendant's right to counsel, allow the defendant a reasonable time
to send for counsel, and on the defendant's request read the
complaint to the defendant.  On the defendant's request the
magistrate shall require a peace officer to transmit within the
county where the court is located a message to counsel named by
defendant.
   A person unable to understand English who is charged with a crime
has a right to an interpreter throughout the proceedings.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 14.1.  If a felony is prosecuted by indictment, there shall be
no postindictment preliminary hearing.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 15.  The defendant in a criminal cause has the right to a
speedy public trial, to compel attendance of witnesses in the
defendant's behalf, to have the assistance of counsel for the
defendant's defense, to be personally present with counsel, and to be
confronted with the witnesses against the defendant.  The
Legislature may provide for the deposition of a witness in the
presence of the defendant and the defendant's counsel.
   Persons may not twice be put in jeopardy for the same offense, be
compelled in a criminal cause to be a witness against themselves, or
be deprived of life, liberty, or property without due process of law.




CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 16.  Trial by jury is an inviolate right and shall be secured
to all, but in a civil cause three-fourths of the jury may render a
verdict.  A jury may be waived in a criminal cause by the consent of
both parties expressed in open court by the defendant and the
defendant's counsel.  In a civil cause a jury may be waived by the
consent of the parties expressed as prescribed by statute.
   In civil causes the jury shall consist of 12 persons or a lesser
number agreed on by the parties in open court.  In civil causes other
than causes within the appellate jurisdiction of the court of appeal
the Legislature may provide that the jury shall consist of eight
persons or a lesser number agreed on by the parties in open court.
   In criminal actions in which a felony is charged, the jury shall
consist of 12 persons.  In criminal actions in which a misdemeanor is
charged, the jury shall consist of 12 persons or a lesser number
agreed on by the parties in open court.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 17.  Cruel or unusual punishment may not be inflicted or
excessive fines imposed.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 18.  Treason against the State consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort.
A person may not be convicted of treason except on the evidence of
two witnesses to the same overt act or by confession in open court.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 19.  Private property may be taken or damaged for public use
only when just compensation, ascertained by a jury unless waived, has
first been paid to, or into court for, the owner.  The Legislature
may provide for possession by the condemnor following commencement of
eminent domain proceedings upon deposit in court and prompt release
to the owner of money determined by the court to be the probable
amount of just compensation.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 20.  Noncitizens have the same property rights as citizens.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 21.  Property owned before marriage or acquired during marriage
by gift, will, or inheritance is separate property.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 22.  The right to vote or hold office may not be conditioned by
a property qualification.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 23.  One or more grand juries shall be drawn and summoned at
least once a year in each county.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 24.  Rights guaranteed by this Constitution are not dependent
on those guaranteed by the United States Constitution.
   In criminal cases the rights of a defendant to equal protection of
the laws, to due process of law, to the assistance of counsel, to be
personally present with counsel, to a speedy and public trial, to
compel the attendance of witnesses, to confront the witnesses against
him or her, to be free from unreasonable searches and seizures, to
privacy, to not be compelled to be a witness against himself or
herself, to not be placed twice in jeopardy for the same offense, and
to not suffer the imposition of cruel or unusual punishment, shall
be construed by the courts of this State in a manner consistent with
the Constitution of the United States.  This Constitution shall not
be construed by the courts to afford greater rights to criminal
defendants than those afforded by the Constitution of the United
States, nor shall it be construed to afford greater rights to minors
in juvenile proceedings on criminal causes than those afforded by the
Constitution of the United States.
   This declaration of rights may not be construed to impair or deny
others retained by the people.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


Section 25.  The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 26.  The provisions of this Constitution are mandatory and
prohibitory, unless by express words they are declared to be
otherwise.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 27.  All statutes of this State in effect on February 17, 1972,
requiring, authorizing, imposing, or relating to the death penalty
are in full force and effect, subject to legislative amendment or
repeal by statute, initiative, or referendum.
   The death penalty provided for under those statutes shall not be
deemed to be, or to constitute, the infliction of cruel or unusual
punishments within the meaning of Article 1, Section 6 nor shall such
punishment for such offenses be deemed to contravene any other
provision of this constitution.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 28.  (a) The People of the State of California find and declare
that the enactment of comprehensive provisions and laws ensuring a
bill of rights for victims of crime, including safeguards in the
criminal justice system to fully protect those rights, is a matter of
grave statewide concern.
   The rights of victims pervade the criminal justice system,
encompassing not only the right to restitution from the wrongdoers
for financial losses suffered as a result of criminal acts, but also
the more basic expectation that persons who commit felonious acts
causing injury to innocent victims will be appropriately detained in
custody, tried by the courts, and sufficiently punished so that the
public safety is protected and encouraged as a goal of highest
importance.
   Such public safety extends to public primary, elementary, junior
high, and senior high school campuses, where students and staff have
the right to be safe and secure in their persons.
   To accomplish these goals, broad reforms in the procedural
treatment of accused persons and the disposition and sentencing of
convicted persons are necessary and proper as deterrents to criminal
behavior and to serious disruption of people's lives.
   (b) Restitution.  It is the unequivocal intention of the People of
the State of California that all persons who suffer losses as a
result of criminal activity shall have the right to restitution from
the persons convicted of the crimes for losses they suffer.
   Restitution shall be ordered from the convicted persons in every
case, regardless of the sentence or disposition imposed, in which a
crime victim suffers a loss, unless compelling and extraordinary
reasons exist to the contrary.  The Legislature shall adopt
provisions to implement this section during the calendar year
following adoption of this section.
   (c) Right to Safe Schools.  All students and staff of public
primary, elementary, junior high and senior high schools have the
inalienable right to attend campuses which are safe, secure and
peaceful.
   (d) Right to Truth-in-Evidence.  Except as provided by statute
hereafter enacted by a two-thirds vote of the membership in each
house of the Legislature, relevant evidence shall not be excluded in
any criminal proceeding, including pretrial and post conviction
motions and hearings, or in any trial or hearing of a juvenile for a
criminal offense, whether heard in juvenile or adult court.  Nothing
in this section shall affect any existing statutory rule of evidence
relating to privilege or hearsay, or Evidence Code, Sections 352, 782
or 1103.  Nothing in this section shall affect any existing
statutory or constitutional right of the press.
   (e) Public Safety Bail.  A person may be released on bail by
sufficient sureties, except for capital crimes when the facts are
evident or the presumption great.  Excessive bail may not be
required.  In setting, reducing or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at the trial or hearing of the case.  Public safety shall be the
primary consideration.
   A person may be released on his or her own recognizance in the
court's discretion, subject to the same factors considered in setting
bail.  However, no person charged with the commission of any serious
felony shall be released on his or her own recognizance.
   Before any person arrested for a serious felony may be released on
bail, a hearing may be held before the magistrate or judge, and the
prosecuting attorney shall be given notice and reasonable opportunity
to be heard on the matter.
   When a judge or magistrate grants or denies bail or release on a
person's own recognizance, the reasons for that decision shall be
stated in the record and included in the court's minutes.
   (f) Use of Prior Convictions.  Any prior felony conviction of any
person in any criminal proceeding, whether adult or juvenile, shall
subsequently be used without limitation for purposes of impeachment
or enhancement of sentence in any criminal proceeding.  When a prior
felony conviction is an element of any felony offense, it shall be
proven to the trier of fact in open court.
   (g) As used in this article, the term "serious felony" is any
crime defined in Penal Code, Section 1192.7(c).



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 29.  In a criminal case, the people of the State of California
have the right to due process of law and to a speedy and public
trial.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 30.  (a) This Constitution shall not be construed by the courts
to prohibit the joining of criminal cases as prescribed by the
Legislature or by the people through the initiative process.
   (b) In order to protect victims and witnesses in criminal cases,
hearsay evidence shall be admissible at preliminary hearings, as
prescribed by the Legislature or by the people through the initiative
process.
   (c) In order to provide for fair and speedy trials, discovery in
criminal cases shall be reciprocal in nature, as prescribed by the
Legislature or by the people through the initiative process.



CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS


SEC. 31.  (a) 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.
   (b) This section shall apply only to action taken after the
section's effective date.
   (c) Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex which are reasonably necessary
to the normal operation of public employment, public education, or
public contracting.
   (d) Nothing in this section shall be interpreted as invalidating
any court order or consent decree which is in force as of the
effective date of this section.
   (e) Nothing in this section shall be interpreted as prohibiting
action which must be taken to establish or maintain eligibility for
any federal program, where ineligibility would result in a loss of
federal funds to the State.
   (f) For the purposes of this section, "State" shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county, public university system, including the University
of California, community college district, school district, special
district, or any other political subdivision or governmental
instrumentality of or within the State.
   (g) 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 then-existing California antidiscrimination law.
   (h) This section shall be self-executing.  If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit.  Any provision held invalid shall be severable from the
remaining portions of this section.