                          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:

     Section  1.   All  political  power is vested in and  derived  from  the 
people; that all government of right, originates from the people,  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 whatever 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 immunities,  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 necessity,  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  compensation  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 prescribed 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 deposition 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 behalf  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 deposition 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 judgment 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 presumption 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 
quartered  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 criminal 
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  general 
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 common 
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 dispose 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 retained 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.


???    ministry  or place of worship,  religious sect or denomination against 
his  consent.   Nor  shall  any preference be given by law to  any  religious 
denomination or mode of worship.

