                       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

   Section 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  candidates for public office or to elect persons to party positions 
for any political party or parties in any unit of representation of the state 
from which such candidates or persons are nominated or elected whenever there 
is  no  contest  or  contests  for such nominations or  election  as  may  be 
prescribed by general law. 

   Sec.  2.       Trial  by jury in all cases in which it has heretofore been 
guaranteed by constitutional provision shall remain inviolate forever;  but a 
jury  may  be  waived by the parties in all civil cases in the manner  to  be 
prescribed  by law.  The legislature 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 jurisdiction  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)

   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 Convention of 1938)

  Sec.  5.      Excessive  bail  shall not be required nor  excessive  fines 
imposed,  nor  shall  cruel and unusual punishments be inflicted,  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 naval 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),  unless 
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 imprisonment,  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 waiver 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,  providing,  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)

   Sec.  7.       (a)  Private  property  shall not be taken for  public  use 
without just compensation.(c) Private roads may be opened in the manner to be 
prescribed by law; but in every case the necessity of the road and the amount 
of  all  damage  to  be  sustained by the  opening  thereof  shall  be  first 
determined  by  a jury of freeholders,  and such amount,  together  with  the 
expenses 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 occupants 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 
compensation together with the cost of such drainage may be assessed,  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 November 8, 1938. Subdivision (e) repealed November 5, 1963.
Subdivision (b)  repealed November 3, 1964.)

   Sec.  8.        Every  citizen  may freely speak,  write and  publish  his 
sentiments  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 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 otherwise 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 operation 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 subdivision,  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  permitted 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 November 7,  1939;  further amended 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 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)

   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 affirmation, 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 violated,  and ex parte orders or warrants shall 
issue  only  upon  oath  or affirmation that there is  reasonable  ground  to 
believe  that  evidence of crime may be thus obtained,  and  identifying  the 
particular means of communication,  and particularly describing the person or 
persons  whose communications are to be intercepted and the purpose  thereof. 
(New.  Adopted  by Constitutional Convention of 1938).

   Section  13    which  dealt  with the purchase of  lands  of  Indians  was 
repealed by amendment November 6, 1962.)

   Sec.  14.      Such  parts  of  the common law,  and of the  acts  of  the 
legislature  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)

   Sec. 15      which 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 November 6, 1962.)

   Sec.  16.      The  right  of action now existing to recover  damages  for 
injuries  resulting  in  death,  shall never be  abrogated;  and  the  amount 
recoverable shall not be subject to any statutory limitation.  (Formerly Sec. 
18.  Renumbered  by Constitutional Convention of 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)

   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  resulting  from  such 
injuries without regard to fault as a cause thereof,  except where the injury 
is occasioned by the willful intention of the injured employee to bring about 
the  injury  or death of himself or of another,  or where the injury  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 injuries to employees or for death  resulting 
from  such injuries;  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)
