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-
-
-
- CONSTITUTION
- OF THE
- STATE OF OKLAHOMA
- Adopted in Convention at Guthrie, July 16, 1907.
- Ratified Sept. 17, 1907. In force Nov. 16, 1907.
- With Amendments to January 1,1975
-
- ARTICLE II
-
- BILL OF RIGHTS
-
- Sec. 1. All political power is inherent in the people; and govern-
- ment is instituted for their protection, security, and ben-
- efit, and to promote their general welfare; and they have
- the right to alter or reform the same whenever the public
- good may require it: Provided, such change be not repugnant
- to the Constitution of the United States.
-
- Sec. 2. All persons have the inherent right to life, liberty, the
- pursuit of happiness, and the enjoyment of the gains of
- their own industry.
-
- Sec. 3. The people have the right peaceably to assemble for their
- own good, and to apply to those invested with the powers of
- government for redress of grievances by petition, address,
- or remonstrance.
-
- Sec. 4. No power, civil or military, shall ever interfere to prevent
- the free exercise of the right of suffrage by those entitled
- to such right.
-
- Sec. 5. No public money or property shall ever be appropriated, ap-
- plied, donated, or used directly or indirectly, for the use,
- benefit, or support of any sect, church, denomination, or
- system of religion, or for the use, benefit, or support of
- any priest, preacher, minister, or other religious teacher
- or dignitary, or sectarian institution as such.
-
- Sec. 6. The courts of justice of the State shall be open to every
- person, and speedy and certain remedy afforded for every
- wrong and for every injury to person, property, or reputa-
- tion; and right and justice shall be administered without
- sale, denial, delay or prejudice.
-
- Sec. 7. No person shall be deprived of life, liberty, or property,
- without due process of law.
-
- Sec. 8. All persons shall be bailable by sufficient sureties, except
- for capital offenses when the proof of guilt is evident, or
- the presumption thereof is great.
-
- Sec. 9. Excessive bail shall not be required, nor excessive fines
- imposed, nor cruel or unusual punishments inflicted.
-
- Sec. 10 The privilege of the writ of habeas corpus shall never be
- suspended by the authorities of this State.
-
- Sec. 11. Every person elected or appointed to any office or employ-
- ment of trust or profit under the laws of the State, or
- under any ordinance of any municipality thereof, shall give
- personal attention to the duties of the office to which he
- is elected or appointed. Drunkenness and the excessive use
- of intoxicating liquors while in office shall constitute
- sufficient cause for impeachment or removal therefrom. As
- amended State Question No. 73, Initiative Petition No. 46.
- Adopted August 4, 1914.
-
- Sec. 12. No member of Congress from this State, or person holding any
- office of trust or profit under the laws of any other State,
- or of the United States, shall hold any office of trust or
- profit under the laws of this State.
-
- Sec. 13. Imprisonment for debt is prohibited, except for the non-
- payment of fines and penalties imposed for violation of law.
-
- Sec. 14. The military shall be held in strict subordination to the
- civil authorities. No soldier shall be quartered in any
- house, in time of peace, without the consent of the owner,
- nor in time of war, except in a manner to be prescribed by
- law.
-
- Sec. 15. No bill of attainder, ex post facto law, nor any law impair-
- ing the obligation of contracts, shall ever be passed. No
- conviction shall work corruption of blood or forfeiture of
- estate: Provided, that this provision shall not prohibit
- the imposition of pecuniary penalties.
-
- Sec. 16. Treason against the State shall consist only in levying war
- against it or in adhering to its enemies, giving them aid
- and comfort. No person shall be convicted of treason, un-
- less on the testimony of two witnesses to the same overt
- act, or on confession in open court.
-
- Sec. 17. No person shall be prosecuted criminally in courts of record
- for felony or misdemeanor otherwise than by presentment or
- indictment or by information. No person shall be prosecuted
- for a felony by information without having had a preliminary
- examination, before an examining magistrate, or having wai-
- ved such preliminary examination. Prosecutions may be in-
- stituted in courts not of record upon a duly verified com-
- plaint.
-
- Sec. 18. A grand jury shall be composed of twelve (12) persons, any
- nine (9) of whom concurring may find an indictment or true
- bill. A grand jury shall be convened upon the order of a
- district judge upon his own motion; or such grand jury shall
- be ordered by a district judge upon the filing of a petition
- therefor signed by qualified electors of the county equal to
- one percent (1%) of the population of the county according
- to the last preceding Federal Decennial Census, with the
- minimum number of required signatures being two hundred
- (200) and the maximum being five hundred (500); and further
- providing that in any calender year in which a grand jury
- has been convened pursuant to a petition therefor, then any
- subsequent petition filed during the same calender year
- shall require double the number of minimum signatures as
- were required hereunder for the first petition; or such
- grand jury shall be ordered convened upon the filing of a
- verified application by the Attorney General of the State of
- Oklahoma who shall have authority to conduct the grand jury
- in investigating crimes which are alleged to have been
- committed in said county or involving multicounty criminal
- activities; when so assembled such grand jury shall have
- power to inquire into and return indictments for all
- character and grades of crime. All other provisions of the
- Constitution or the laws of this State in conflict with the
- provisions of this Constitutional amendment are hereby
- expressly repealed. (Amended by State Question No. 354.
- Referendum Petition NO. 101, adopted at election held July
- 1, 1952; State Question No. 457, Legislative Referendum No.
- 189, adopted at election held Dec. 7, 1971.)
-
- Sec. 19. The right of trial by jury shall be and remain inviolate,
- except in civil cases wherein the amount in controversy does
- not exceed one hundred dollars ($100), or in criminal cases
- wherein punishment for the offense charged is by fine only,
- not exceeding one hundred dollars ($100). Provided, however,
- that the Legislature may provide for jury trial in cases
- involving lesser amounts. Juries for the trial of civil and
- criminal cases shall consist of twelve (12) persons; but in
- the trial of misdemeanors, proceedings for the violation of
- ordinances or regulations of cities and towns, juvenile
- proceedings, actions for forcible entry and detainer, or
- detention only, of real property and collection of rents
- therefor, and civil cases concerning causes of action
- involving less than Twenty-five Hundred Dollars ($2,500.
- 00), juries shall consist of six (6) persons. In civil
- cases, and in criminal cases less than felonies, three-
- fourths (3/4) of the whole number of jurors concurring shall
- have power to render a verdict. In all other cases the en-
- tire number of jurors must concur to render a verdict. In
- case a verdict is rendered by less than the whole number of
- jurors, the verdict shall be in writing and signed by each
- juror concurring therein. (As amended State Question No.
- 354, Referendum Petition NO. 101, adopted primary election
- July 1, 1952; State Question No. 459, Legislative Referen-
- dum No. 172, adopted at election held Sept. 17, 1968, eff.
- January 13, 1969.)
-
- Sec. 20. In all criminal prosecutions the accused shall have the
- right to a speedy and public trial by an impartial jury of
- the county in which the crime shall have been committed or,
- where uncertainty exists as to the county in which the crime
- was committed, the accused may be tried in any county in
- which the evidence indicates the crime might have been com-
- mitted. Provided, that the venue may be changed to some
- other county of the State, on the application of the ac-
- cused, in such manner as may be prescribed by law. He shall
- be informed of the nature and cause of the accusation a-
- gainst him and have a copy thereof, and be confronted with
- the witnesses against him, and have compulsory process for
- obtaining witnesses in his behalf. He shall have the right
- to be heard by himself and counsel; and in capital cases, at
- least two days before the case is called for trial, he shall
- be furnished with a list of the witnesses that will be call-
- ed in chief, to prove the allegations of the indictment or
- information, together with their post office addresses. (As
- amended State Question No. 401, Referendum Petition NO.
- 132, adopted special election Sept. 12, 1961.)
-
- Sec. 21. No person shall be compelled to give evidence which will
- tend to incriminate him, except as in this Constitution
- specifically provided; nor shall any person, after having
- once been acquitted by a jury, be again put in jeopardy of
- life or liberty for that of which he has been acquitted.
- Nor shall any person be twice put in jeopardy of life or
- liberty for the same offense.
-
- Sec. 22. Every person may freely speak, write, or publish his senti-
- ments 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 for libel, the truth of the matter
- alleged to be libelous may be given in evidence to the jury,
- and if it shall appear to the jury that the matter charged
- as libelous be true, and was written or published with good
- motives and for justifiable ends, the party shall be ac-
- quitted.
-
- Sec. 23. No private property shall be taken or damaged for private
- use, with or without compensation, unless by consent of the
- owner, except for private ways of necessity, or for drains
- and ditches across lands of others for agricultural, mining,
- or sanitary purposes, in such manner as may be prescribed by
- law.
-
- Sec. 24. Private property shall not be taken or damaged for public
- use without just compensation. Such compensation, irrespec-
- tive of any benefit from any improvements proposed, shall be
- ascertained by a board of commissioners of not less than
- three freeholders, in such manner as may be prescribed by
- law. The commissioners shall not be appointed by any judge
- or court without reasonable notice having been served upon
- all parties in interest. The commissioners shall be selec-
- ted from the regular jury list of names prepared and made as
- the legislature shall provide. Any party aggrieved shall
- have the right of appeal, without bond, and trial by jury in
- a court of record. Until the compensation shall be paid to
- the owner, or into court for the owner, the property shall
- not be disturbed, or the proprietary rights of the owner di-
- vested. When possession is taken of property condemned for
- any public use, the owner shall be entitled to the immediate
- receipt of the compensation awarded, without prejudice to
- the right of either party to prosecute further proceedings
- for the judicial determination of the sufficiency or insuf-
- ficiency of such compensation. The fee of land taken by com-
- mon carriers for right of way, without the consent of the
- owner, shall remain in such owner subject only to the use
- for which it is taken. In all cases of condemnation of pri-
- vate property for public or private use, the determination
- of the character of the use shall be a judicial question.
-
- Sec. 25. The legislature shall pass laws defining contempts and reg-
- ulating the proceedings and punishment in matters of con-
- tempt: Provided, that any person accused of violating or
- disobeying, when not in the presence or hearing of the
- court, or judge sitting as such, any order of injunction, or
- restraint, made or entered by any court or judge of the
- State shall, before penalty or punishment is imposed, be
- entitled to a trial by jury as to the guilt or innocence of
- the accused. In no case shall a penalty or punishment be
- imposed for contempt, until an opportunity to be heard is
- given.
-
- Sec. 26. The right of a citizen to keep and bear arms in defence of
- his home, person, or property, or in aid of the civil power,
- where thereunto legally summoned, shall never be prohibited;
- but nothing herein contained shall prevent the Legislature
- from regulating the carrying of weapons.
-
- Sec. 27. Any person having knowledge or possession of facts that tend
- to establish the guilt of any other person or corporation
- under the laws of the state shall not be excused from giv-
- ing testimony or producing evidence, when legally called
- upon so to do, on the ground that it may tend to incriminate
- him under the laws of the state; but no person shall be pro-
- secuted or subjected to any penalty or forfeiture for or on
- account of any transaction, matter, or thing concerning
- which he may so testify or produce evidence. All other pro-
- visions of the Constitution or the laws of this state in
- conflict with the provisions of this Constitutional amend-
- ment are hereby expressly repealed. (Amended by State Ques-
- tion No. 482, legislative Referendum NO. 188, adopted at
- election held Dec. 7, 1971.)
-
- Sec. 28. The records, books, and files of all corporations shall be,
- at all times, liable and subject to the full visitorial and
- inquisitorial powers of the State, notwithstanding the im-
- munities and privileges in this Bill of Rights secured to
- the persons, inhabitants, and citizens thereof.
-
- Sec. 29. No person shall be transported out of the State for any
- offence committed within the State, nor shall any person be
- transported out of the State for any purpose, without his
- consent, except by due process of law; but nothing in this
- provision shall prevent the operation of extradition laws,
- or the transporting of persons sentenced for crime, to other
- states for the purpose of incarceration.
-
- Sec. 30. The right of the people to be secure in their persons,
- houses, papers and effects against unreasonable searches or
- seizures shall not be violated; and no warrant shall issue
- but upon probable cause supported by oath or affirmation,
- describing as particularly as may be the place to be
- searched and the person or thing to be seized.
-
- Sec. 31. The right of the State to engage in any occupation or busi-
- ness for public purposes shall not be denied nor prohibited,
- except that the State shall not engage in agriculture for
- any other than educational and scientific purposes and for
- the support of its penal, charitable, and educational insti-
- tutions.
-
- Sec. 32. Perpetuities and monopolies are contrary to the genius of a
- free government, and shall never be allowed, nor shall the
- law of primogeniture or entailments ever be in force in this
- State.
-
- Sec. 33. The enumeration in this Constitution of certain rights shall
- not be construed to deny, impair, or disparage others re-
- tained by the people.
-
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