Declaration of Rights
Section § 1
This section states that every individual is naturally free and independent with rights that cannot be taken away. These fundamental rights include living freely, protecting one's life and liberty, owning and safeguarding property, and seeking safety, happiness, and privacy.
Section § 1.1
This law ensures that people in the state have the freedom to make personal reproductive decisions without interference. It specifically protects the right to have an abortion and use or refuse contraceptives. It also emphasizes that this protection supports the constitutional rights to privacy and equal protection.
Section § 2
This law protects the freedom of speech and press by allowing people to express their thoughts openly, but they are responsible if they misuse this freedom. The law also ensures that those involved in publishing, like journalists and news reporters, cannot be forced by any official body to reveal their sources or unpublished information, such as notes or recordings, gathered during their work. This protection applies even if the information collected is not released to the public.
Section § 3
This section emphasizes the people's right to participate in government, allowing them to direct representatives, petition for grievances, and gather for the common good. It states that government activities must be transparent, making public meetings and writings accessible. Laws restricting access should be justified and narrowly interpreted, while those enhancing access should be broadly interpreted.
It also ensures that the right of access does not infringe on the right to privacy or due process, nor does it change existing privacy protections for legislative and law enforcement records. Local agencies must comply with transparency laws, like the California Public Records Act and the Ralph M. Brown Act, ensuring continued public access.
Section § 4
This section guarantees the right to freely practice religion without bias or favoritism, while making sure that religious freedom does not allow for behavior that is unlawful or disruptive to public order. It also ensures that religion will not affect a person's ability to serve as a witness or juror in legal settings.
Section § 5
This law makes it clear that military forces are under the control of civilian authorities. In peaceful times, there should be no permanent military presence. Additionally, during war, soldiers can only stay in private homes if the law allows it, and in peaceful times, only if the homeowner agrees.
Section § 6
This section states that slavery is not allowed. Involuntary servitude is also banned, except as a punishment for a crime.
Section § 7
This section of the California Constitution ensures that no one can have their life, freedom, or property taken away without a fair legal process, nor be denied equal protection under the law. It limits California's obligations to those already required by the U.S. Constitution's Equal Protection Clause, specifically concerning student school assignments and transportation.
Courts cannot impose additional responsibilities on the state unless it's to address a clear breach that also violates federal equal protection laws. Existing court orders about student assignments or transportation can be updated to align with current laws.
The law, however, permits schools to voluntarily implement integration plans. The amendment aims to best use limited resources, enhance educational opportunities, and maintain public school harmony, among other public benefits.
Additionally, this section states that privileges or benefits granted to citizens must be equally available to everyone, and such privileges can be changed or removed by the Legislature if needed.
Section § 7.5
This law section declares that the right to marry is a fundamental right for individuals. It supports the essential rights to life, liberty, safety, happiness, and privacy. Additionally, it emphasizes the importance of due process and equal protection of laws.
Section § 8
This law ensures that individuals cannot be prevented from starting or continuing a business, profession, or job based on their gender, race, religion, color, or national or ethnic background.
Section § 9
This law states that three types of laws are prohibited: bills of attainder, ex post facto laws, and laws that harm existing contracts. Essentially, the state can't pass laws that single out a person for punishment without a trial, punish actions retroactively, or interfere with pre-existing agreements.
Section § 10
This law prohibits holding witnesses for an unreasonable amount of time. Additionally, it states that during peace, individuals cannot be jailed in a civil lawsuit over debts or wrongdoing. It also prevents imprisonment for not paying a militia-related fine during peacetime.
Section § 11
This law states that the right to habeas corpus, which allows people to challenge unlawful detention, cannot be taken away unless there's a rebellion or invasion that threatens public safety.
Section § 12
In California, a person can usually be freed on bail if they have enough people (sureties) promising they’ll show up to court. But, there are exceptions to this rule. Bail isn’t allowed for serious offenses like capital crimes where the facts are obvious. Additionally, violent felonies or sexual assault cases, where it's clear the person poses a serious risk of harm if released, can also prevent bail. If someone has made threats of severe harm and is likely to carry out those threats, bail can be denied too.
The court is not allowed to set bail excessively high. When deciding bail amounts, the court considers how serious the crime is, the person’s past, and how likely they are to appear at court hearings. Sometimes, the court can let someone go without requiring bail if they trust them to return for court dates, known as being released on one’s own recognizance.
Section § 13
This law section ensures that people are protected from unreasonable searches and seizures of themselves, their homes, and belongings. For authorities to search or seize, they must have a warrant. This warrant requires a good reason, backed by a sworn statement, and must clearly state where they'll search and who or what they'll take.
Section § 14
This section explains how felonies are prosecuted in California. They can be handled either by indictment or after a magistrate reviews the case. If someone is accused of a felony through a formal complaint, they must be brought to court quickly. There, a magistrate will give them a copy of the complaint, inform them of their right to a lawyer, and provide time to get one. If needed, the complaint will be read to them. The court must also ensure that a message is sent to the lawyer of the accused's choosing. Importantly, anyone who doesn't understand English has the right to an interpreter during the entire legal process.
Section § 14.1
If someone is accused of a felony through an indictment, there won't be any preliminary hearing after the indictment is made.
Section § 15
If you're accused of a crime, you have the right to a quick and open trial, the ability to force witnesses to testify for you, have a lawyer to help with your defense, and be present when witnesses testify against you. You also can't be tried again for the same crime once acquitted, nor forced to testify against yourself, and you cannot lose your life, liberty, or property without a fair legal process.
Section § 16
This section guarantees the right to a jury trial. In civil cases, three-quarters of the jury can decide the verdict, and the jury can have up to 12 members unless both parties agree to fewer. Civil parties can waive the jury option if they both agree according to the law.
For criminal cases charged with a felony, the jury must have 12 members. For misdemeanors, it can be 12 or fewer if both parties agree. Waiving a jury in criminal cases requires both the defendant and their lawyer to agree in the courtroom.
Section § 17
This law states that punishing someone in a cruel or unusual way is not allowed, and neither are fines that are too large or harsh.
Section § 18
This law defines treason against the State as either starting a war against it, supporting its enemies, or helping them in any form. To convict someone of treason, there must be evidence from two witnesses seeing the same action or a confession in court.
Section § 19
This law explains when and how private property can be taken for public use, a process known as eminent domain. Essentially, private property can only be taken if the owner is paid fairly, which is decided by a jury unless the owner gives up this right. The government can't take an owner-occupied home just to give it to a private person. However, exceptions are made if the government needs the property for public health and safety reasons, emergency responses, stopping serious crime, or fixing environmental harm. Also, if the property is needed for a public project like building a road or park, the government can take it. Finally, the law gives definitions for terms like 'local government' and 'public work or improvement' so there’s no confusion about what these mean.
Section § 20
This law states that noncitizens in California have the same rights to own and manage property as citizens do. It ensures that noncitizens are treated equally when it comes to property ownership.
Section § 21
This law states that any property someone owned before getting married, or property they receive as a gift, through a will, or by inheritance during the marriage, is considered their separate property and not shared with their spouse.
Section § 22
You cannot be required to own property in order to vote or run for office. This law ensures fair and equal access to voting and public service opportunities.
Section § 23
Every county must select and call at least one grand jury once a year.
Section § 24
This section of the California Constitution makes it clear that the rights outlined in California’s Constitution are independent from those in the U.S. Constitution. However, when it comes to criminal cases, the rights of the defendant in California, such as equal protection, due process, and others, should be interpreted in line with the U.S. Constitution.
The state courts should not provide greater rights to criminal defendants or minors in juvenile criminal cases than the federal constitution does. Additionally, this section doesn't limit other rights that people may have.
Section § 25
This law ensures that people have the right to fish on public lands and in state waters, as long as the land isn't designated for fish hatcheries. If the state sells or transfers any land, it must still allow fishing there. Additionally, it cannot be made illegal for people to fish on public land where the state has stocked fish. However, the legislature can decide the fishing seasons and conditions for different fish species.
Section § 26
In the California Constitution, all rules are obligatory and must be followed, unless the Constitution clearly states otherwise using specific words. This means you have to do what the Constitution says unless it explicitly mentions that it's optional.
Section § 27
This law states that all California laws about the death penalty that were active on February 17, 1972, remain valid unless changed or removed by new laws or public votes. It also clarifies that the death penalty is not considered cruel or unusual punishment under the state constitution.
Section § 28
This section of law focuses on the rights of victims of crime in California. It emphasizes that criminal activities severely affect citizens, and protecting victims’ rights is crucial. Crime victims are entitled to a bill of rights, ensuring they are treated with dignity and the criminal justice system regards crimes as serious threats to public safety. Victims have specific rights, including being treated fairly, kept safe from intimidation, informed of case proceedings, and heard in court. They have the right to expect offenders to be appropriately punished and to receive restitution for losses. Additionally, there's a collective right to safe schools and public safety, and rules about evidence and bail considerations. The law aims for reforms to ensure victim rights, reduction of lengthy legal processes, and consistent sentencing and parole practices. Victims can enforce their rights in court, but this does not create liability for compensation or damages against the state or its representatives.
Section § 29
This law ensures that in criminal cases, the people of California are guaranteed the right to fair legal procedures (due process) and a trial that happens quickly and is open to the public.
Section § 30
This section of the California Constitution clarifies three main principles regarding criminal cases. Firstly, it states that the courts should not interpret the Constitution as preventing the merging of criminal cases if allowed by law or public initiatives. Secondly, it allows hearsay evidence to be used in preliminary hearings to help protect victims and witnesses. Lastly, it emphasizes the importance of fair and speedy trials by ensuring that both sides in a criminal case share information with each other, as governed by law or public initiatives.
Section § 31
This law prohibits the state of California from discriminating against or giving special treatment to individuals based on race, sex, color, ethnicity, or national origin in areas like public jobs, education, and contracts. It only impacts actions taken after the law's effective date. However, legitimate requirements based on sex that are crucial for normal operations are allowed.
The law doesn't overturn existing court orders or stop actions needed to keep federal funding. The term "State" covers not just the state government, but also cities, counties, schools, and other government bodies. If this law is violated, remedies are consistent with existing antidiscrimination laws. The section is self-executing, meaning it works on its own, but any conflicting part with federal law can be adjusted while the rest remains valid.
Section § 32
This law focuses on improving public safety and rehabilitation while managing prison populations. It allows prisoners convicted of nonviolent felonies to be considered for parole after serving the full sentence for their main offense, not including any additional penalties. The Department of Corrections and Rehabilitation can also give prisoners credits for good behavior or completing educational programs. They must create rules to ensure these provisions enhance public safety.