Article I, New York Constitution

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New York Constitution
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Preamble
Articles
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Article I of the New York Constitution is entitled Bill of Rights and consists of 18 sections, three of which have been repealed.

Section 1

Text of Section 1:

Rights, Privileges and Franchise Secured; Power of Legislature to Dispense with Primary Elections in Certain Cases

No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his or her peers, except that the legislature may provide that there shall be no primary election held to nominate candidates for public office or to elect persons to party positions for any political party or parties in any unit of representation of the state from which such candidates or persons are nominated or elected whenever there is no contest or contests for such nominations or election as may be prescribed by general law.[1]

Amendments

  • Amended by vote of the people on November 3, 1959.
  • Amended by vote of the people on November 6, 2001.

Section 2

Text of Section 2:

Trial by Jury; How Waived

Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense. The legislature may enact laws, not inconsistent herewith, governing the form, content, manner and time of presentation of the instrument effectuating such waiver.[1]

Amendments

  • Amended by the Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.

Section 3

Text of Section 3:

Freedom of Worship; Religious Liberty

The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.[1]

Amendments

  • Amended by vote of the people on November 6, 2001.

Section 4

Text of Section 4:

Habeas Corpus

The privilege of a writ or order of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.[1]

Amendments

  • Amended by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.

Section 5

Text of Section 5:

Bail; Fines; Punishments; Detention of Witnesses

Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.[1]

Section 6

Text of Section 6:

Grand Jury; Protection of Certain Enumerated Rights; Duty of Public Officers to Sign Waiver of Immunity and Give Testimony; Penalty for Refusal

No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land, air and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny under the regulation of the legislature), unless on indictment of a grand jury, except that a person held for the action of a grand jury upon a charge for such an offense, other than one punishable by death or life imprisonment, with the consent of the district attorney, may waive indictment by a grand jury and consent to be prosecuted on an information filed by the district attorney; such waiver shall be evidenced by written instrument signed by the defendant in open court in the presence of his or her counsel. In any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions and shall be informed of the nature and cause of the accusation and be confronted with the witnesses against him or her. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he or she be compelled in any criminal case to be a witness against himself or herself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law. No person shall be deprived of life, liberty or property without due process of law.[1]

Amendments

  • Amended by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.
  • Amended by vote of the people on November 8, 1949.
  • Amended by vote of the people on November 3, 1959.
  • Amended by vote of the people on November 6, 1973.
  • Amended by vote of the people on November 6, 2001.

Section 7

Text of Section 7:

Compensation for Taking Private Property; Private Roads; Drainage of Agricultural Lands

(a) Private property shall not be taken for public use without just compensation.

(c) Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceedings, shall be paid by the person to be benefited.

(d) The use of property for the drainage of swamp or agricultural lands is declared to be a public use, and general laws may be passed permitting the owners or occupants of swamp or agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions, on making just compensation, and such compensation together with the cost of such drainage may be assessed, wholly or partly, against any property benefited thereby; but no special laws shall be enacted for such purposes.[1]

Amendments

  • Amended by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.
  • Subdivision (e) repealed by vote of the people on November 5, 1963.
  • Subdivision (b) repealed by vote of the people on November 3, 1964.

Section 8

Text of Section 8:

Freedom of Speech and Press; Criminal Prosecutions for Libel

Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.[1]

Amendments

  • Amended by vote of the people on November 6, 2001.

Section 9

Text of Section 9:

Right to Assemble and Petition; Divorce; Lotteries; Pool-Selling and Gambling; Laws to Prevent; Pari-Mutual Betting on Horse Races Permitted; Games of Chance, Bingo or Lotto Authorized under Certain Restrictions

1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool- selling, book-making, or any other kind of gambling, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, except pari-mutual betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, and except casino gambling at no more than seven facilities as authorized and prescribed by the legislature shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.[1]

Amendments

  • Amended by vote of the people on November 7, 1939.
  • Amended by vote of the people on November 5, 1957.
  • Amended by vote of the people on November 8, 1966.
  • Amended by vote of the people on November 4, 1975.
  • Amended by vote of the people on November 6, 1984.
  • Amended by vote of the people on November 6, 2001.
  • Amended with the approval of [New York Casino Gambling Amendment, Proposal 1 (2013)|Proposal 1]] by vote of the people on November 5, 2013.

Section 10

Text of Section 10:

Repealed

Repealed.''[1]

Section 10 which dealt with ownership of lands, yellowtail tenures and escheat was repealed by amendment approved by vote of the people November 6, 1962.

Section 11

Text of Section 11:

Equal Protection of Laws; Discrimination in Civil Rights Prohibited

No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.[1]

Amendments

  • Adopted by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.
  • Amended by vote of the people on November 6, 2001.

Section 12

Text of Section 12:

Security Against Unreasonable Searches, Seizures and Interceptions

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, 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.

The right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be violated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may be thus obtained, and identifying the particular means of communication, and particularly describing the person or persons whose communications are to be intercepted and the purpose thereof.[1]

Amendments

  • Adopted by the Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.

Section 13

Text of Section 13:

Repealed

Repealed.[1]

Section 13 which dealt with purchase of lands of Indians was repealed by amendment approved by vote of the people on November 6, 1962.

Section 14

Text of Section 14:

Common Law and Acts of the Colonial and State Legislatures

Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred seventy-five, and the resolutions of the congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred seventy-seven, which have not since expired, or been repealed or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.[1]

Amendments

  • Formerly §16. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.

Section 15

Text of Section 15:

Repealed

Section 15 which dealt with certain grants of lands and of charters made by the king of Great Britain and the state and obligations and contracts not to be impaired was repealed by amendment approved by vote of the people on November 6, 1962.[1]

Section 16

Text of Section 16:

Damages for Injuries Causing Death

The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.[1]

Amendments

  • Formerly §18. Renumbered by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.

Section 17

Text of Section 17:

Labor Not a Commodity; Hours and Wages in Public Work; Right to Organize and Bargain Collectively

Labor of human beings is not a commodity nor an article of commerce and shall never be so considered or construed.

No laborer, worker or mechanic, in the employ of a contractor or sub-contractor engaged in the performance of any public work, shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency; nor shall he or she be paid less than the rate of wages prevailing in the same trade or occupation in the locality within the state where such public work is to be situated, erected or used.

Employees shall have the right to organize and to bargain collectively through representatives of their own choosing.[1]

Amendments

  • Adopted by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.
  • Amended by vote of the people on November 6, 2001.

Section 18

Text of Section 18:

Workers' Compensation

Nothing contained in this constitution shall be construed to limit the power of the legislature to enact laws for the protection of the lives, health, or safety of employees; or for the payment, either by employers, or by employers and employees or otherwise, either directly or through a state or other system of insurance or otherwise, of compensation for injuries to employees or for death of employees resulting from such injuries without regard to fault as a cause thereof, except where the injury is occasioned by the wilful intention of the injured employee to bring about the injury or death of himself or herself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which may arise under such legislation; or to provide that the right of such compensation, and the remedy therefore shall be exclusive of all other rights and remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death shall not exceed a fixed or determinable sum; provided that all moneys paid by an employer to his or her employees or their legal representatives, by reason of the enactment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the employer.[1]

Amendments

  • Formerly §19. Renumbered by Constitutional Convention of 1938 and approved by vote of the people on November 8, 1938.
  • Amended by vote of the people on November 6, 2001.

See also

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