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NEW YORK STATE CONSTITUTION (AS AMENDED AND IN FORCE JAN. 1, 1985) PREAMBLE WE, THE PEOPLE of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION. ARTICLE I BILL OF RIGHTS Sec. 1. 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 judgement of his peers, except that the legislature may provide that there shall be no primary election held to nominate candi- dates for public office or to elect persons to party posi- tions for any political party or parties in any unit of rep- resentation of the state from which such candidates or per- sons are nominated or elected whenever there is no contest or contests for such nominations or election as may be pre- scribed by general law. (Amended by vote of the people November 3, 1959. Sec. 2. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain invio- late forever; but a jury may be waived by the parties in all civil cases in the manner to be prescribed by law. The leg- islature 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 the judge or justice of a court having jurisdic- tion 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. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.) Sec. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his 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. Sec. 4. 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. (Amended by Constitutional Con- vention of 1938 and approved by vote of the people November 8, 1938). Sec. 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be in- flicted, nor shall witnesses be unreasonably detained. Sec. 6. 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 na- val 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), un- less 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 im- prisonment, with the consent of the district attorney, may wave indictment by a grand jury and consent to be prosecuted on an information filed by the district attorney; such wai- ver shall be evidenced by written instrument signed by the defendant in open court in the presence of his 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. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself, provid- ing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his present office or of any public office held by him within five years prior to such grand jury call to testify, or the performance of his 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 present office by the appropriate authority or shall forfeit his present office at the suit of the attorney-general. The power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connections 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. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 8, 1949; November 3, 1959; November 6, 1973.) Sec. 7. (a) Private property shall not be taken for public use with- out just compensation.(c) Private roads may be opened in the manner to be prescribed by law; but in every case the ne- cessity of the road and the amount of all damage to be sus- tained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the ex- penses 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 oc- cupants 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, or making just compensation, and such compen- sation together with the cost of such drainage may be as- sessed, wholly or partly, against any property benefited thereby; but no special laws shall be enacted for such purposes. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938. Subdi- vision (e) repealed by vote of the people November 5, 1963. Subdivision (b) repealed by vote of the people November 3, 1964.) Sec. 8. Every citizen may freely speak, write and publish his senti- ments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or a- bridge the liberty of speech or of the press. In all crimi- nal 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. Sec 9.1. 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 other- wise 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, and except pari-mutuel 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, 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. Sec 9.2. Notwithstanding the foregoing provisions of this section, any city, town or village within the state may by an approving vote of the majority of the qualified electors in such municipality voting on a proposition therefor submitted at a general or a special election authorize, subject to state legislative supervision and control, the conduct of one or both of the following categories of games of chance commonly known as: (a) bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random; (b) games in which prizes are awarded on the basis of a winning number or numbers, color or colors, or symbol or symbols determined by chance from among those previously selected or played, whether determined as the result of the spinning of a wheel, a drawing or otherwise by chance. If authorized, such games shall be subject to the following restrictions, among others which may be prescribed by the legislature: (1) only bona fide religious, charitable or non-profit organizations of veterans, volunteer firemen and similar non-profit organizations shall be permitted to conduct such games; (2) the entire net proceeds of any game shall be exclusively devoted to the lawful purposes of such organizations; (3) no person except a bona fide member of any such organization shall participate in the management or operation of such game; and (4) no person shall receive any remuneration for participating in the management or opera- tion of any such game. Unless otherwise provided by law, no single prize shall exceed two hundred fifty dollars, nor shall any series of prizes on one occasion aggregate more than one thousand dollars. The legislature shall pass appropriate laws to effectuate the purposes of this subdi- vision, ensure that such games are rigidly regulated to prevent commercialized gambling, prevent participation by criminal and other undesirable elements and the diversion of funds from the purposes authorized hereunder and establish a method by which a municipality which has authorized such games may rescind or revoke such authorization. Unless per- mitted by the legislature, no municipality shall have the power to pass local laws or ordinances relating to such games. Nothing in this section shall prevent the legislature from passing from passing laws more restrictive than any of the provisions of this section. (Amendment approved by vote of the people November 7, 1939; further amended by vote of the people November 5, 1957; November 8, 1966; November 4, 1975: November 6, 1984.) Sec. 10. (Section 10 dealt with ownership of lands, allodial tenures and escheats was repealed by amendment approved by vote of the people November 6, 1962.) Sec. 11. 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 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. (New. Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.) Sec. 12. 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 af- firmation, and particularly describing the place to be searched, and the person or things to be seized. The right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be vio- lated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to be- lieve that evidence of crime may be thus obtained, and iden- tifying the particular means of communication, and particu- larly describing the person or persons whose communications are to be intercepted and the purpose thereof. (New. Adopt- ed by Constitutional Convention of 1938 and approved by vote of the people November 8,1938 Sec. 13 dealt with the purchase of lands of Indians was repealed by amendment approved by vote of the people November 6, 1962.) Sec. 14. Such parts of the common law, and of the acts of the legis- lature 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. Sec. 16. (Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.) Sec. 15 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 November 6, 1962.) Sec. 16. The right of action now existing to recover damages for in- juries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation. (Formerly Sec. 18. Renumbered by Constitu- tional Convention of 1938 and approved by vote of the people November 8, 1938.) Sec. 17. Labor of human beings is not a commodity nor an article of commerce and shall never be so considered or construed. No laborer, workman or mechanic, in the employ of a contractor or subcontractor 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 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. (New. Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.) Sec. 18. 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 result- ing from such injuries without regard to fault as a cause thereof, except where the injury is occasioned by the will- ful intention of the injured employee to bring about the injury or death of himself or of another, or where the in- jury 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 therefor shall be exclusive of all other rights and remedies for in- juries to employees or for death resulting from such injur- ies; 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 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. (Formerly Sec. 19. Renumbered by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)