                             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

   Section 1.   All political power is inherent in the people; and government 
is  instituted for their protection,  security,  and benefit,  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.

   Section  2.    All persons have the inherent right to life,  liberty,  the 
pursuit of happiness, and the enjoyment of the gains of their own industry.

   Section 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.

   Section 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.

   Section  5.    No  public  money or property shall ever  be  appropriated, 
applied, 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.

   Section  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 reputation;  and right and justice shall be 
administered without sale, denial, delay or prejudice.

   Section 7.    No person shall be deprived of life,  liberty,  or property, 
without due process of law.

   Section 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.

   Section  9.    Excessive bail shall not be required,  nor excessive  fines 
imposed, nor cruel or unusual punishments inflicted.

   Section  10    The privilege of the writ of habeas corpus shall  never  be 
suspended by the authorities of this State.

   Section 11.  Every person elected or appointed to any office or employment 
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.

   Section 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.

   Section  13.   Imprisonment  for debt is prohibited,  except for the  non-
payment of fines and penalties imposed for violation of law.

   Section  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.

   Section  15.   No  bill  of attainder,  ex post facto  law,  nor  any  law 
impairing  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.

   Section  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,  unless on  the  testimony  of  two 
witnesses to the same overt act, or on confession in open court.

   Section 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 waived such preliminary examination. Prosecutions may be instituted 
in courts not of record upon a duly verified complaint.

   Section 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.)

   Section  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 entire 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 Referendum No. 
172, adopted at election held Sept. 17, 1968, eff. January 13, 1969.)

   Section 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 committed.  Provided, 
that  the  venue  may be changed to some other county of the  State,  on  the 
application  of the accused,  in such manner as may be prescribed by law.  He 
shall  be informed of the nature and cause of the accusation against 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 called 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.)

   Section 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.

   Section  22.   Every  person  may freely  speak,  write,  or  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 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 acquitted.

   Section  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.

   Section 24.  Private property shall not be taken or damaged for public use 
without  just compensation.  Such compensation,  irrespective 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 selected 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 divested.  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 insufficiency of such compensation.  The fee of land taken by 
common  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 private property for public or  private  use,  the 
determination of the character of the use shall be a judicial question.

   Section  25.   The  legislature  shall pass laws  defining  contempts  and 
regulating  the proceedings and punishment in matters of contempt:  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.

   Section 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.

   Section 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 giving 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 
prosecuted 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 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.   482,   legislative 
Referendum NO. 188, adopted at election held Dec. 7, 1971.)

   Section 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 immunities and privileges in  this 
Bill of Rights secured to the persons, inhabitants, and citizens thereof.

   Section  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.

   Section  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.

   Section  31.    The  right  of the State to engage in  any  occupation  or 
business 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 institutions.

   Section  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.

   Section 33.   The enumeration in this Constitution of certain rights shall 
not be construed to deny, impair, or disparage others retained by the people.
