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-
-
- CONSTITUTION
- OF THE
- STATE OF LOUISIANA
-
-
- PREAMBLE
-
- We, the people of Louisiana, grateful to Almighty God for
- the civil, political, economic, and religious liberties we
- enjoy, and desiring to protect individual rights to life,
- liberty, and property; afford opportunity for the fullest
- development of the individual; assure equality of rights;
- promote the health, safety, education, and welfare of the
- people; maintain a representative and orderly government;
- ensure domestic tranquility; provide for the common defense;
- and secure the blessings of freedom and justice to ourselves
- and our posterity, do ordain and establish this constitu-
- tion.
-
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Sec. 1. All government, of right, originates with the people, is
- founded on their will alone, and is instituted to protect
- the rights of the individual and for the good of the whole.
- Its only legitimate ends are to secure justice for all, pre-
- serve peace, protect the rights, and promote the happiness
- and general welfare of the people. The rights enumerated in
- this Article are inalienable by the state and shall be pre-
- served inviolate by the state.
-
- Sec. 2. No person shall be deprived of life, liberty, or property,
- except by due process of law.
-
- Sec. 3. No person shall be denied the equal protection of the laws.
- No law shall discriminate against a person because of race
- or religious ideas, beliefs, or affiliations. No law shall
- arbitrarily, capriciously, or unreasonably discriminate
- against a person because of birth, age, sex, culture, phys-
- ical condition, or political ideas or affiliations. Slavery
- and involuntary servitude are prohibited, except in the
- latter case as punishment for crime.
-
- Sec. 4. Every person has the right to acquire, own, control, use,
- enjoy, protect, and dispose of private property. The right
- is subject to reasonable statutory restrictions and the
- reasonable exercise of the police power.
-
- Property shall not be taken or damaged by the state or its
- political subdivisions except for public purposes and with
- just compensation paid to the owner or into court for his
- benefit. Property shall not be taken or damaged by any pri-
- vate entity authorized by law to expropriate, except for a
- public and necessary purpose and with just compensation paid
- to the owner; in such proceedings, whether the purpose is
- public and necessary shall be a judicial question. In every
- expropriation, a party has a right to trial by jury to de-
- termine compensation, and the owner shall be compensated to
- the full extent of his loss. No business enterprise or any
- of its assets shall be taken for the purpose of operating
- that enterprise or halting competition with a government
- enterprise. However, a municipality may expropriate a util-
- ity within its jurisdiction. Personal effects, other than
- contraband, shall never be taken.
-
- This Section shall not apply to appropriation of property
- necessary for levee and levee drainage purposes.
-
- Sec. 5. Every person shall be secure in his person, property, com-
- munications, houses, papers, and effects against unreason-
- able searches, seizures, or invasions of property. No war-
- rant shall issue without probable cause supported by oath or
- affirmation, and particularly describing the place to be
- searched, the persons or things to be seized, and the lawful
- purpose or reason for the search. Any person adversely af-
- fected by a search or seizure conducted in violation of this
- Sec. shall have standing to raise its illegality in the
- appropriate court.
-
- Sec. 6. No person shall be quartered in any house without the con-
- sent of the owner or lawful occupant.
-
- Sec. 7. No law shall curtail or restrain the freedom of speech or of
- the press. Every person may speak, write, and publish his
- sentiments on any subject, but is responsible for the abuse
- of that freedom.
-
- Sec. 8. No law shall be enacted respecting an establishment of reli-
- gion or prohibiting the free exercise thereof.
-
- Sec. 9. No law shall impair the right of any person to assemble
- peaceably or to petition government for a redress of griev-
- ances.
-
- Sec. 10. Every citizen of the state, upon reaching the age of (18)
- eighteen years of age, shall have the right to register and
- vote, except that this right may be suspended while a person
- is interdicted and judicially declared mentally incompetent
- or is under an order of imprisonment for conviction of a
- felony.
-
- Sec. 11. The right of each citizen to keep and bear arms shall not be
- abridged, but this provision shall not prevent the passage
- of laws to prohibit the carrying of weapons concealed on the
- person.
-
- Sec. 12. In access to public areas, accommodations, and facilities,
- every person shall be free from discrimination based upon
- race, religion, or national ancestry and from arbitrary,
- capricious, or unreasonable discrimination based on age,
- sex, or physical condition.
-
- Sec. 13. When any person has been arrested or detained in connection
- with the investigation or commission of any offense, he
- shall be advised fully of the reason for his arrest or de-
- tention, his right to remain silent, his right against self
- incrimination, his right to the assistance of counsel and,
- if indigent, his right to court appointed counsel. In a
- criminal prosecution, an accused shall be informed of the
- nature and cause of the accusation against him. At each
- stage of the proceedings, every person is entitled to as-
- sistance of counsel of his choice, or appointed by the court
- if he is indigent and charged with an offense punishable by
- imprisonment. The legislature shall provide for a uniform
- system for securing and compensating qualified counsel for
- indigents.
-
- Sec. 14. The right to a preliminary examination shall not be denied
- in felony cases except when the accused is indicted by a
- grand jury.
-
- Sec. 15. Prosecution of a felony shall be initiated by indictment or
- information, but no person shall be held to answer for a
- capital crime or a crime punishable by life imprisonment
- except on indictment by a grand jury. No person shall be
- twice placed in jeopardy for the same offense, except on his
- application for a new trial, when a mistrial is declared, or
- when a motion in arrest of judgement is sustained.
-
- Sec. 16. Every person charged with a crime is presumed innocent until
- proven guilty and is entitled to a speedy, public, and im-
- partial trial in the parish where the offense or an element
- of the offense occurred, unless venue is changed in accord-
- ance with law. No person shall be compelled to give evi-
- dence against himself. An accused is entitled to confront
- and cross examine the witnesses against him, to compel the
- attendance of witnesses, to present a defense, and to tes-
- tify in his own behalf.
-
- Sec. 17. A criminal case in which the punishment may be capital shall
- be tried before a jury of twelve persons, all of whom must
- concur to render a verdict. A case in which the punishment
- is necessarily confinement at hard labor shall be tried
- before a jury of twelve persons, ten of whom must concur to
- render a verdict. A case in which the punishment may be
- confinement at hard labor or confinement without hard labor
- for more than six months shall be tried before a jury of six
- persons, five of whom must concur to render a verdict. The
- accused shall have the right to full voir dire examination
- of prospective jurors and to challenge jurors peremptorily.
- The number of challenges shall be fixed by law. Except in
- capital cases, a defendant may knowingly and intelligently
- waive his right to a trial by jury.
-
- Sec. 18. Excessive bail shall not be required. Before and during a
- trial, a person shall be bailable by sufficient surety,
- except when he is charged with a capital offense and the
- proof is evident and the presumption of guilt is great.
- After conviction and before sentencing, a person shall be
- bailable if the maximum sentence which may be imposed is
- imprisonment for five years or less; and the judge may grant
- bail if the maximum sentence which may be imposed is
- imprisonment exceeding five years. After sentencing and
- until final judgement, a person shall be bailable if the
- sentence actually imposed is five years or less; and the
- judge may grant bail if the sentence actually imposed
- exceeds imprisonment for five years.
-
- Sec. 19. No person shall be subjected to imprisonment or forfeiture
- of rights or property without the right to judicial review
- based upon a complete record of all evidence upon which the
- judgement is based. This right may be intelligently waived.
- The cost of transcribing the record shall be paid as pro-
- vided by law.
-
- Sec. 20. No law shall subject any person to euthanasia, to torture,
- or to cruel, excessive, or unusual punishment. Full rights
- of citizenship shall be restored upon termination of state
- and federal supervision following conviction for any of-
- fense.
-
- Sec. 21. The writ of habeas corpus shall not be suspended.
-
- Sec. 22. All courts shall be open, and every person shall have an
- adequate remedy by due process of law and justice, adminis-
- tered without denial, partiality, or unreasonable delay, for
- injury to him in his person, property, reputation, or other
- rights.
-
- Sec. 23. No bill of attainder, ex post facto law, or law impairing
- the obligation of contracts shall be enacted.
-
- Sec. 24. The enumeration in this constitution of certain rights shall
- not deny or disparage other right retained by the individual
- citizens of the state.
-
- ARTICLE X
-
- Sec. 30. Every official shall take the following oath or affirmation:
-
- "I do solemnly swear (or affirm) that I will support the
- constitution of the United States and the constitution and
- laws of this state and that I will faithfully and impartial-
- ly discharge and perform all the duties incumbent upon me as
- ......., according to the best of my ability and understand-
- ing, so help me God."
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