                     CALIFORNIA DECLARATION OF RIGHTS

             (Article I of the 1879 Constitution of California)
                            As amended to 1974

                                 ARTICLE I

                          DECLARATION OF RIGHTS

Section  1.   All  people  are  by  nature  free  and  independent  and  have 
inalienable rights.  Among these are enjoying and defending life and liberty, 
acquiring,  possessing,  and protecting property,  and pursuing and obtaining 
safety, happiness, and privacy.

Sec.  2.   Every  person  may  freely speak,  write and publish  his  or  her 
sentiments on all subjects, being responsible for the abuse of this right.  A 
law may not restrain or abridge liberty of speech or press.

Sec.  3.   The  people  have  the right to  instruct  their  representatives, 
petition government for redress of grievances, and assemble freely to consult 
for the common good.

Sec.  4.   Free  exercise and enjoyment of religion without discrimination or 
preference  are guaranteed.   This liberty of conscience does not excuse acts 
that  are  licentious or inconsistent with the peace or safety of the  State.  
The Legislature shall make no law respecting an establishment of religion.  A 
person  is  not  incompetent to be a witness or juror because of his  or  her 
opinions on religious beliefs.

Sec. 5.  The military is subordinate to civil power.  A standing army may not 
be  maintained in peacetime.   Soldiers may not be quartered in any house  in 
wartime  except  as prescribed by law,  or in peacetime without  the  owner's 
consent.

Sec. 6.   Slavery is prohibited.   Involuntary servitude is prohibited except 
to punish crime.

     Sec. 7.  (a) A person may not be deprived of life, liberty,  or property 
without  due process of law or denied equal protection of the  laws.   (b)  A 
citizen  or class of citizens may not be granted privileges or immunities not 
granted on the same terms to all citizens.   Privileges or immunities granted 
by the Legislature may be altered or revoked.

     Sec.  8.   A  person may not be disqualified from entering or pursuing a 
business, profession, vocation,  or employment because of sex,  race,  creed, 
color, or national or ethnic origin.

     Sec. 9.   A bill of attainder,  ex post facto law,  or law impairing the 
obligation of contracts may not be passed.

Sec.  10.   Witnesses may not be unreasonably detained.   A person may not be 
imprisoned in a civil action for debt or tort,  or in peacetime for a militia 
fine.

Sec. 11.  Habeas corpus may not be suspended unless required by public safety 
in cases of rebellion or invasion.

Sec. 12.   A person shall be released on bail by sufficient sureties,  except 
for  capital  crimes  when the facts are evident or  the  presumption  great.  
Excessive  bail may not be required.A person may be released on his or  her 
own recognizance in the court's discretion.

Sec.  13.   The  right of the people to be secure in their  persons,  houses, 
papers,  and  effects  against unreasonable seizures and searches may not  be 
violated; and a warrant may not issue except on probable cause,  supported by 
oath or affirmation, particularly describing the place to be searched and the 
persons and things to be seized.

Sec.  14.   Felonies  shall  be  prosecuted as provided  by  law,  either  by 
indictment  or,  after  examination  and  commitment  by  a  magistrate,   by 
information.  A  person  charged with a felony by complaint subscribed  under 
penalty  of perjury and on file in a court in the county where the felony  is 
triable  shall be taken without unnecessary delay before a magistrate of that 
court.   The  magistrate  shall immediately give the defendant a copy of  the 
complaint,  inform  the defendant of the defendant's right to counsel,  allow 
the  defendant a reasonable time to send for counsel,  and on the defendant's 
request read the complaint to the defendant.   On the defendant's request the 
magistrate  shall require a peace officer to transmit within the county where 
the court is located a message to counsel named by defendant. A person unable 
to  understand  English  who  is  charged with a crime  has  a  right  to  an 
interpreter throughout the proceedings.

Sec. 15.   The defendant in a criminal cause has the right to a speedy public 
trial,  to compel attendance of witnesses in the defendant's behalf,  to have 
the  assistance  of  counsel for the defendant's defense,  to  be  personally 
present with counsel, and to be confronted with th
e  witnesses  against  the defendant.   The Legislature may provide  for  the 
deposition  of a witness in the presence of the defendant and the defendant's 
counsel.   Persons may not twice be put in jeopardy for the same offense,  be 
compelled  in  a  criminal cause to be a witness against  themselves,  or  be 
deprived of life, liberty, or property without due process of law.

     Sec.  16.   Trial  by jury is an inviolate right and shall be secured to 
all, but in a civil cause three-fourths of the jury may render a verdict.   A 
jury  may  be  waived  in a criminal cause by the  consent  of  both  parties 
expressed  in open court by the defendant and the defendant's counsel.   In a 
civil  cause a jury may be waived by the consent of the parties expressed  as 
prescribed by statute.  In civil causes and cases of misdemeanor the jury may 
consist of 12 or a lesser number agreed on by the parties in open court.

     Sec. 17.   Cruel or unusual punishment may not be inflicted or excessive 
fines imposed.

     Sec. 18.  Treason against the State consists only in levying war against 
it, adhering to its enemies, or giving them aid and comfort. A person may not 
be  convicted of treason except on the evidence of two witnesses to the  same 
overt act or by confession in open court.

     Sec.  19.   Private property may be taken or damaged for public use only 
when just compensation,  ascertained by a jury unless waived,  has first been 
paid  to,  or  into court for,  the owner.   The Legislature may provide  for 
possession   by  the  condemnor  following  commencement  of  eminent  domain 
proceedings  upon  deposit in court and prompt release to the owner of  money 
determined by the court to be the probable amount of just compensation.

Sec. 20.  Non-citizens have the same property rights as citizens.

Sec. 21.  Property owned before marriage or acquired during marriage by gift, 
will, or inheritance is separate property.

     Sec.  22.   The right to vote or hold office may not be conditioned by a 
property qualification.

     Sec. 23.   One or more grand juries shall be drawn and summoned at least 
once a year in each county.

     Sec.  24.   Rights  guaranteed by this Constitution are not dependent on 
those  guaranteed  by  the United States Constitution.  This  declaration  of 
rights may not be construed to impair or deny others retained by the people.

     Sec.  25.   The  people  shall have the right to fish upon and from  the 
public lands of the State and in the waters thereof, excepting upon lands set 
aside for fish hatcheries,  and no land owned by the State shall ever be sold 
or  transferred  without reserving in the people the absolute right  to  fish 
thereupon;  and  no law shall ever be passed making it a crime for the people 
to  enter upon the public lands within this State for the purpose of  fishing 
in  any  water containing fish that have been planted therein by  the  State; 
provided, that the Legislature may by statute provide for the season when and 
the conditions under which the different species of fish may be taken.
