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- COLORADO BILL OF RIGHTS
-
- (Article II of the 1876 Constitution of Colorado)
- As revised to 1975
-
- ARTICLE II
-
- BILL OF RIGHTS
-
- In order to assert our rights, acknowledge our duties, and
- proclaim the principles upon which our government is
- founded, we declare:
-
- Sec. 1. All political power is vested in and derived from the peo-
- ple; that all government of right, originates from the peo-
- ple, is founded upon their will only, and is instituted
- solely for the good of the whole.
-
- Sec. 2. The people of this state have the sole and exclusive right
- of governing themselves, as a free sovereign and independent
- state; and to alter and abolish their constitution and form
- of government whenever they may deem it necessary to their
- safety and happiness; provided, such change be not repugnant
- to the constitution of the United States.
-
- Sec. 3. All persons have certain natural, essential and inalienable
- rights, among which may be reckoned the right of enjoying
- and defending their lives and liberties; of acquiring,
- possessing and protecting property; and of seeking and
- obtaining their safety and happiness.
-
- Sec. 4. The free exercise and enjoyment of religious profession and
- worship, without discrimination, shall forever hereafter be
- guaranteed; and no person shall be denied any civil or
- political right, privilege or capacity, on account of his
- opinions concerning religion; but the liberty of conscience
- here by secured shall not be construed to dispense with
- oaths or affirmations, excuse acts of licentiousness or
- justify practices inconsistent with the good order, peace or
- safety of the state.
-
- Sec. 5. All elections shall be free and open; and no power, civil or
- military, shall at any time interfere to prevent the free
- exercise of the right of suffrage.
-
- Sec. 6. Courts of justice shall be open to every person, and a
- speedy remedy afforded for every injury to person, property
- or character; and right and justice should be administered
- without sale, denial or delay.
-
- Sec. 7. The people shall be secure in their persons, papers, homes
- and effects, from unreasonable searches and seizures; and no
- warrant to search any place or seize any person or thing
- shall issue without describing the place to be searched, or
- the person or thing to be seized, as near as may be, nor
- without probable cause, supported by oath or affirmation
- reduced to writing.
-
- Sec. 8. Until otherwise provided by law, no person shall, for a
- felony, be proceeded against criminally otherwise than by
- indictment, except in cases arising in the land or naval
- forces, or in the militia when in actual service in time of
- war or public danger. In all other cases, offenses shall be
- prosecuted criminally by indictment or information.
-
- Sec. 9. Treason against the state can consist only in levying war
- against it or in adhering to its enemies, giving them aid
- and comfort; no person can be convicted of treason, unless
- on the testimony of two witnesses to the same overt act, or
- on his confession in open court; no person can be attainted
- of treason or felony by the general assembly; no conviction
- can work corruption of blood or forfeiture of estate; the
- estates of such persons as may destroy their own lives shall
- descend or vest as in cases of natural death.
-
- Sec. 10. No law shall be passed impairing the freedom of speech;
- every person shall be free to speak, write or publish what-
- ever he will on any subject, being responsible for all abuse
- of that liberty; and in all suits and prosecutions for libel
- the truth thereof may be given in evidence, and the jury,
- under the direction of the court, shall determine the law
- and the fact.
-
- Sec. 11. No ex post facto law, nor law impairing the obligation of
- contracts, or retrospective in its operation, or making any
- irrevocable grant of special privileges, franchises or im-
- munities, shall be passed by the general assembly.
-
- Sec. 12. No person shall be imprisoned for debt, unless upon refusal
- to deliver up his estate for the benefit of tort or where
- there is a strong presumption of fraud.
-
- Sec. 13. The right of no person to keep and bear arms in defense of
- his home, person and property, or in aid of the civil power
- when thereto legally summoned, shall be called in question;
- but nothing herein contained shall be construed to justify
- the practice of carrying concealed weapons.
-
- Sec. 14. Private property shall not be taken for private use unless
- by consent of the owner, except for private ways of necess-
- ity, and except for reservoirs, drains, flumes or ditches on
- or across the lands of others, for agricultural, mining,
- milling, domestic or sanitary purposes.
-
- Sec. 15. Private property shall not be taken or damaged, for public
- or private use, without just compensation. Such compensa-
- tion shall be ascertained by a board of commissioners of not
- less than three freeholders, or by a jury, when required by
- the owner of the property, in such manner as may be pre-
- scribed by law, and until the same shall be paid to the
- owner, or into court for the owner, the property shall not
- be needlessly disturbed, or the proprietary rights of the
- owner therein divested; and whenever an attempt is made to
- take private property for a use alleged to be public, the
- question whether the contemplated use be really public shall
- be a judicial question, and determined as such without
- regard to any legislative assertion that the use is public.
-
- Sec. 16. 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; to meet the witnesses
- against him face to face; to have process to compel the
- attendance of witnesses in his behalf, and a speedy public
- trial by an impartial jury of the county or district in
- which the offense is alleged to have been committed.
-
- Sec. 17. No person shall be imprisoned for the purpose of securing
- his testimony in any case longer than may be necessary in
- order to take his deposition. If he can give security he
- shall be discharged; if he cannot give security his depo-
- sition shall be taken by some judge of the supreme, district
- or county court, at the earliest time he can attend, at some
- convenient place by him appointed for that purpose, of which
- time and place the accused and the attorney prosecuting for
- the people shall have reasonable notice. The accused shall
- have the right to appear in person and by counsel. If he
- have no counsel, the judge shall assign him one in that be-
- half only. On the completion of such examination the witness
- shall be discharged on his own recognizance, entered into
- before said judge, but such deposition shall not be used if
- in the opinion of the court the personal attendance of the
- witness might be procured by the prosecution or is procured
- by the accused. No exception shall be taken to such deposi-
- tion as to matters of form.
-
- Sec. 18. No person shall be compelled to testify against himself in a
- criminal case nor shall any person be twice put in jeopardy
- for the same offense. If the jury disagree, or if the judg-
- ment be arrested after the verdict, or if the judgment be
- reversed for error in law, the accused shall not be deemed
- to have been in jeopardy.
-
- Sec. 19. All persons shall be bailable by sufficient sureties except
- for capital offenses, when the proof is evident or the pre-
- sumption great.
-
- Sec. 20. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel and unusual punishments inflicted.
-
- Sec. 21. The privilege of the writ of habeas corpus shall never be
- suspended, unless when in case of rebellion or invasion, the
- public safety may require it.
-
- Sec. 22. The military shall always be in strict subordination to the
- civil power; no soldier shall, in time of peace, be quarter-
- ed in any house without the consent of the owner, nor in
- time of war except in the manner prescribed by law.
-
- Sec. 23. The right of trial by jury shall remain inviolate in crimi-
- nal cases; but a jury in civil cases in all courts, or in
- criminal cases in courts not of record, may consist of less
- than twelve persons, as may be prescribed by law. Hereafter
- a grand jury shall consist of twelve persons, any nine of
- whom concurring may find an indictment; provided, the gener-
- al assembly may change, regulate or abolish the grand jury
- system; and provided, further, the right of any person to
- serve on any jury shall not be denied or abridged on account
- of sex, and the general assembly may provide by law for the
- exemption from jury service of persons or classes of persons
-
- Sec. 24. The people have the right peaceably to assemble for the com-
- mon good, and to apply to those in vested with the powers
- of government for redress of grievances, by petition or
- remonstrance.
-
- Sec. 25. No person shall be deprived of life, liberty or property,
- without due process of law.
-
- Sec. 26. **
-
- Sec. 27. Aliens, who are or may hereafter become bona fide residents
- of this state, may acquire, inherit, possess, enjoy and dis-
- pose of property, real and personal, as native born citizens
-
- Sec. 28. The enumeration in this constitution of certain rights shall
- not be construed to deny, impair or disparage others retain-
- ed by the people.
-
- Sec. 29. Equality of rights under the law shall not be denied or
- abridged by the state of Colorado, or any of its political
- subdivisions on account of sex.
-
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