Article I, Hawaii Constitution

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Hawaii Constitution
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Preamble
Articles
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Article I of the Hawaii Constitution is entitled Bill of Rights. It has 25 sections which prescribe the rights and liberties of citizens of Hawaii.

Section 1

Text of Section 1:

Political Power

All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 2

Text of Section 2:

Rights of Individuals

All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 3

Text of Section 3:

Equality of Rights

Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 4

Text of Section 4:

Freedom of Religion, Speech, Press, Assembly and Petition

No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 5

Text of Section 5:

Due Process and Equal Protection

No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 6

Right to Privacy

The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 7

Text of Section 7:

Searches, Seizures and Invasion of Privacy

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 8

Text of Section 8:

Rights of Citizens

No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 9

Text of Section 9:

Enlistment; Segregation

No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious principles or ancestry.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 10

Text of Section 10:

Indictment; Preliminary Hearing; Information; Double Jeopardy; Self-Incrimination

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law or upon information in writing signed by a legal prosecuting officer under conditions and in accordance with procedures that the legislature may provide, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against oneself.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.
  • Amended by HB 150 (1981) and election on November 2, 1982.
  • Amended by SB 2851 (2004) and election on November 2, 2004.

Section 11

Text of Section 11:

Grand Jury Counsel

Whenever a grand jury is impaneled, there shall be an independent counsel appointed as provided by law to advise the members of the grand jury regarding matters brought before it. Independent counsel shall be selected from among those persons licensed to practice law by the supreme court of the State and shall not be a public employee. The term and compensation for independent counsel shall be as provided by law.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 12

Text of Section 12:

Bail; Excessive Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishable by life imprisonment.[1]

Amendments

  • Amended by Constitutional Convention (1968) and election on November 5, 1968.
  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 13

Text of Section 13:

Trial by Jury, Civil Cases

In suits at common law where the value in controversy shall exceed five thousand dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.
  • Amended by SB 107 (1987) and election on November 8, 1988.

Section 14

Text of Section 14:

Rights of Accused

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, or of such other district to which the prosecution may be removed with the consent of the accused; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against the accused, provided that the legislature may provide by law for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged crime victim's physician, psychologist, counselor or licensed mental health professional; to have compulsory process for obtaining witnesses in the accused's favor; and to have the assistance of counsel for the accused's defense. Juries, where the crime charged is serious, shall consist of twelve persons. The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment.[1]

Amendments

  • Amended by Constitutional Convention (1968) and election on November 5, 1968.
  • Amended by Constitutional Convention (1978) and election on November 7, 1978.
  • Amended by SB 2846 (2004) and election on November 2, 2004.

Section 15

Text of Section 15:

Habeas Corpus and Suspension of Laws

The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it.

The power of suspending the privilege of the writ of habeas corpus, and the laws or the execution thereof, shall never be exercised except by the legislature, or by authority derived from it to be exercised in such particular cases only as the legislature shall expressly prescribe.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 16

Text of Section 16:

Supremacy of Civil Power

The military shall be held in strict subordination to the civil power.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 17

Text of Section 17:

Right to Bear Arms

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 18

Text of Section 18:

Quartering of Soldiers

No soldier or member of the militia shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, except in a manner provided by law.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 19

Text of Section 9:

Imprisonment for Debt

There shall be no imprisonment for debt.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 20

Text of Section 20:

Eminent Domain

Private property shall not be taken or damaged for public use without just compensation.[1]

Amendments

  • Amended by Constitutional Convention (1968) and election on November 5, 1968.
  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 21

Text of Section 21:

Limitations of Special Privileges

The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 22

Text of Section 22:

Construction

The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.[1]

Amendments

  • Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 23

Text of Section 23:

Marriage

The legislature shall have the power to reserve marriage to opposite-sex couples.[1]

Amendments

Section 24

Text of Section 24:

Public Access to Information Concerning Persons Convicted of Certain Offenses Against Children and Certain Sexual Offenses

The public has a right of access to registration information regarding persons convicted of certain offenses against children and persons convicted of certain sexual offenses. The legislature shall determine which offenses are subject to this provision, what information constitutes registration information to which the public has a right of access, the manner of public access to the registration information and a period of time after which and conditions pursuant to which a convicted person may petition for termination of public access.[1]

Amendments

Section 25

Text of Section 25:

Sexual Assault Crimes Against Minors

In continuous sexual assault crimes against minors younger than fourteen years of age, the legislature may define:

1. What behavior constitutes a continuing course of conduct; and

2. What constitutes the jury unanimity that is required for a conviction.[1]

Amendments

See also

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External links

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References