California CodesCalifornia ConstitutionArticle I — Declaration of Rights

35
Sections

Sections

35 entries
Section 1Establishes that all people are naturally free and independent and possess inalienable rights to enjoy and defend life and liberty, acquire, possess,…Section 1.1Prohibits the State from denying or interfering with an individual’s reproductive freedom in intimate decisions, expressly including fundamental choices to have an…Section 2Establishes every person’s freedom to speak, write, and publish on all subjects, subject to responsibility for abuse, and prohibits laws restraining speech…Section 3Establishes rights to petition, assemble, instruct representatives, and access government meetings and writings, requiring access-promoting authorities to be broadly construed and new…Section 4Establishes free exercise and enjoyment of religion without discrimination or preference and prohibits laws establishing religion. Limits liberty of conscience so it…Section 5Requires the military to remain subordinate to civil authority and prohibits maintaining a standing army during peacetime. Prohibits quartering soldiers in any…Section 6Prohibits slavery in all stated circumstances and prohibits involuntary servitude except when imposed to punish crime. The crime-punishment clause is the provision’s…Section 7Prohibits depriving any person of life, liberty, or property without due process, denying equal protection, or granting unequal citizen privileges or immunities.…Section 7.5Establishes marriage as a fundamental right. The provision expressly states that this protection furthers the inalienable rights to life, liberty, safety, happiness,…Section 8Prohibits disqualifying any person from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national…Section 9Prohibits enactment of any bill of attainder, ex post facto law, or law impairing contractual obligations. The restriction applies separately to each…Section 10Prohibits unreasonable detention of witnesses and bars imprisonment in a civil action for debt or tort. Also prohibits imprisonment during peacetime for…Section 11Prohibits suspension of the writ of habeas corpus except when public safety requires suspension during rebellion or invasion. Both a qualifying event…Section 12Requires release on sufficient bail except for specified capital crimes and violent, sexual-assault, or threatened-harm felonies meeting evident-facts and stated clear-and-convincing danger…Section 13Prohibits unreasonable searches and seizures of people, homes, papers, and effects. Bars issuance of a warrant without probable cause supported by oath…Section 14Requires felony prosecution by indictment or, after magistrate examination and commitment, information, and prompt presentation of a charged person before a magistrate.…Section 14.1Bars a postindictment preliminary hearing when a felony is prosecuted by indictment. Once the felony case proceeds through an indictment, the provision…Section 15Establishes a criminal defendant’s rights to a speedy public trial, compulsory witnesses, counsel, personal presence with counsel, and confrontation. Allows legislatively authorized…Section 16Establishes an inviolate jury-trial right, permits three-fourths civil verdicts, and allows waiver by the prescribed party consents. Sets civil juries at 12…Section 17Prohibits inflicting cruel or unusual punishment and bars imposing excessive fines. The punishment restriction applies when the punishment is cruel or unusual,…Section 18Defines treason against the State exclusively as levying war against it, adhering to its enemies, or giving them aid and comfort. Prohibits…Section 19Requires just compensation, determined by a jury unless waived, to be paid before private property is taken or damaged for public use.…Section 20Establishes noncitizens’ property rights as fully equal to those held by citizens. The provision removes citizenship as a basis for differing rights…Section 21Defines as separate property all property owned before marriage and all property acquired during marriage by gift, will, or inheritance. The classification…Section 22Prohibits conditioning a person’s right to vote or hold public office on ownership of property or any other property qualification. Eligibility for…Section 23Requires one or more grand juries to be drawn and summoned in every county at least once each year. The annual requirement…Section 24Establishes state constitutional rights independently of federal guarantees but requires listed criminal-defendant rights to be construed consistently with the United States Constitution.…Section 25Establishes the people’s right to fish from public lands and waters, excluding land reserved for fish hatcheries, and requires every state-land transfer…Section 26Establishes that every provision of the Constitution is mandatory and prohibitory unless the provision expressly declares otherwise. Constitutional language therefore carries those…Section 27Establishes that death-penalty statutes effective February 17, 1972 remain fully operative, subject to amendment or repeal by statute, initiative, or referendum. Provides…Section 28Establishes enforceable crime-victim rights to fairness, dignity, privacy, protection, bail-related safety consideration, confidentiality, refusal of defense interviews or discovery, requested notice and…Section 29Establishes the people of California’s right, in every criminal case, to due process of law and to a trial that is both…Section 30Allows criminal cases to be joined as prescribed by legislation or initiative and requires hearsay evidence to be admissible at preliminary hearings…Section 31Prohibits the State from discriminating or granting preferences based on race, sex, color, ethnicity, or national origin in public employment, education, or…Section 32Allows state-prison inmates convicted of nonviolent felonies parole consideration after completing the full term of the primary offense, defined as the longest…

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