ARTICLE I DECLARATION OF RIGHTS [SECTION 1. - SEC. 32.]
Article 1 adopted 1879.
Art. I, §§ 1–32 · 35 sections
- Art. I, § 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…
- Art. I, § 1.1 The state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to…
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 4 Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are…
- Art. I, § 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…
- Art. I, § 6 Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.
- Art. I, § 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…
- Art. I, § 7.5 (a) The right to marry is a fundamental right. (b) This section is in furtherance of both of the following: (1) The inalienable rights to enjoy life and…
- Art. I, § 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…
- Art. I, § 9 A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.
- Art. I, § 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.
- Art. I, § 11 Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 14.1 If a felony is prosecuted by indictment, there shall be no postindictment preliminary hearing.
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 17 Cruel or unusual punishment may not be inflicted or excessive fines imposed.
- Art. I, § 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…
- Art. I, § 19 (a) Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or…
- Art. I, § 20 Noncitizens have the same property rights as citizens.
- Art. I, § 21 Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.
- Art. I, § 22 The right to vote or hold office may not be conditioned by a property qualification.
- Art. I, § 23 One or more grand juries shall be drawn and summoned at least once a year in each county.
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 26 The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.
- Art. I, § 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,…
- Art. I, § 28 (a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens of California. The…
- Art. I, § 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.
- Art. I, § 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…
- Art. I, § 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…
- Art. I, § 32 (a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order,…