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ILLINOIS.TXT
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1993-05-04
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CONSTITUTION OF THE STATE OF ILLINOIS
(as amended to 1970)
PREAMBLE
We, the people of the State of Illinois - grateful to Al-
mighty God for the civil, political and religious liberty
which He has permitted us to enjoy and seeking His blessing
upon our endeavors - in order to provide for the health,
safety and welfare of the people; maintain a representative
and orderly government; eliminate poverty and inequality;
assure legal, social and economic justice; provide oppor-
tunity for the fullest development of the individual; insure
domestic tranquility; provide for the common defense; and
secure the blessings of liberty to ourselves and our pos-
terity - do ordain and establish this Constitution for the
State of Illinois.
ARTICLE I
BILL OF RIGHTS
Sec. 1. All men are by nature free and independent and have certain
inherent and inalienable rights among which are life, lib-
erty and the pursuit of happiness. To secure these rights
and the protection of property, governments are instituted
among men, deriving their just powers from the consent of
the governed.
Sec. 2. No person shall be deprived of life, liberty or property
without due process of law nor be denied the equal protec-
tion of the laws.
Sec. 3. The free exercise and enjoyment of religious profession and
worship, without discrimination, shall forever be guaran-
teed, and no person shall be denied any civil or political
right, privilege or capacity, on account of his religious
opinions; but the liberty of conscience hereby secured shall
not be construed to dispense with oaths or affirmations,
excuse acts of licentiousness, or justify practices incon-
sistent with the peace and safety of the State. No person
shall be required to attend or support any ministry or place
of worship against his consent, nor shall any preference by
[probably should read "be"] given by law to any religious
denomination or mode of worship.
Sec. 4. All persons may speak, write and publish freely, being re-
sponsible for the abuse of that liberty. In trials for li-
bel, both civil and criminal, the truth, when published with
good motives and for justifiable ends, shall be a sufficient
defense.
Sec. 5. The people have the right to assemble in a peaceable manner,
to consult for the common good, to make known their opinions
to their representatives and to apply for redress of griev-
ances.
Sec. 6. The people shall have the right to be secure in their per-
sons, houses, papers and other possessions against unreason-
able searches, seizures, invasions of privacy or intercep-
tions of communications by eavesdropping devices or other
means. No warrant shall issue without probable cause, sup-
ported by affidavit particularly describing the place to be
searched and the persons or things to be seized.
Sec. 7. No person shall be held to answer for a criminal offense
unless on indictment of a grand jury, except in cases in
which the punishment is by fine or by imprisonment other
than in the penitentiary, in cases of impeachment, and in
cases arising in the militia when in actual service in time
of war or public danger. The General Assembly by law may
abolish the grand jury or further limit its use. No person
shall be held to answer for a crime punishable by death or
by imprisonment in the penitentiary unless either the
initial charge has been brought by indictment of a grand
jury or the person has been given a prompt preliminary
hearing to establish probable cause.
Sec. 8. In criminal prosecutions, the accused shall have the right
to appear and defend in person and by counsel; to demand the
nature and cause of the accusation and have a copy thereof;
to meet the witnesses face to face and to have process to
compel the attendance of witnesses in his behalf; and to
have a speedy public trial by an impartial jury of the
county in which the offense is alleged to have been com-
mitted.
Sec. 9. All persons shall be bailable by sufficient sureties, except
for capital offenses where the proof is evident or the pre-
sumption great. The privilege of the writ of habeas corpus
shall not be suspended except in cases of rebellion or in-
vasion when the public safety may require it.
Sec. 10. No person shall be compelled in a criminal case to give evi-
dence against himself nor be twice put in jeopardy for the
same offense.
Sec. 11. All penalties shall be determined both according to the
seriousness of the offense and with the objective of restor-
ing the offender to useful citizenship. No conviction shall
work corruption of blood or forfeiture of estate. No person
shall be transported out of the State for an offense com-
mitted within the State.
Sec. 12. Every person shall find a certain remedy in the laws for all
injuries and wrongs which he receives to his person, priva-
cy, property or reputation. He shall obtain justice by law,
freely, completely, and promptly.
Sec. 13. The right of trial by jury as heretofore enjoyed shall re-
main inviolate.
Sec. 14. No person shall be imprisoned for debt unless he refuses to
deliver up his estate for the benefit of his creditors as
provided by law unless there is a strong presumption of
fraud. No person shall be imprisoned for failure to pay a
fine in a criminal case unless he has been afforded adequate
time to make payment, in installments if necessary, and has
willfully failed to make payment.
Sec. 15. Private property shall not be taken or damaged for public
use without just compensation as provided by law. Such
compensation shall be determined by a jury as provided by
law.
Sec. 16. No ex post facto law, or law impairing the obligation of
contracts or making an irrevocable grant of special priv-
ileges or immunities, shall be passed.
Sec. 17. All persons shall have the right to be free from discrimin-
ation on the basis of race, color, creed, national ancestry
and sex in the hiring and promotion practices of any employ-
er or in the sale or rental of property.
These rights are enforceable without action by the General
Assembly, but the General Assembly by law may establish
reasonable exemptions relating to these rights and provide
additional remedies for their violation.
Sec. 18. The equal protection of the laws shall not be denied or
abridged on account of sex by the State or its units of lo-
cal government and school districts.
Sec. 19. All persons with a physical or mental handicap shall be free
from discrimination in the sale or rental of property and
shall be free from discrimination unrelated to ability in
the hiring and promotion practices of any employer.
Sec. 20. To promote individual dignity, communications that portray
criminality, depravity or lack of virtue in, or that incite
violence, hatred, abuse or hostility toward, a person or
group of persons by reason of or by reference to religious,
racial, ethnic, national or regional affiliation are
condemned.
Sec. 21. No soldier in time of peace shall be quartered in a house
without the consent of the owner; nor in time of war except
as provided by law.
Sec. 22. Subject only to the police power, the right of the indi-
vidual citizen to keep and bear arms shall not be infringed.
Sec. 23. A frequent recurrence to the fundamental principles of civil
government is necessary to preserve the blessings of lib-
erty. These blessings cannot endure unless the people recog-
nize their corresponding individual obligations and respon-
sibilities.
Sec. 24. The enumeration in this Constitution of certain rights shall
not be construed to deny or disparage others retained by the
individual citizens of the State.
ARTICLE II
THE POWERS OF THE STATE
Sec. 1. The legislative, executive and judicial branches are sepa-
rate. No branch shall exercise powers properly belonging to
another.
Sec. 2. The enumeration in this Constitution of specified powers and
functions shall not be construed as a limitation of powers
of state government