Article 2 – DECLARATION OF RIGHTS – Arizona Constitution
Section 1 – Fundamental principles; recurrence to
1. Fundamental principles; recurrence to
Section 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.
Section 2 – Political power; purpose of government
2. Political power; purpose of government
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
Section 2.1 – Victims’ bill of rights
2.1. Victims’ bill of rights
Section 2.1. (A) To preserve and protect victims’ rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims’ constitutional rights.
(B) A victim’s exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) “Victim” means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
Section 3 – Supreme law of the land
3. Supreme law of the land
Section 3. The Constitution of the United States is the supreme law of the land.
Section 4 – Due process of law
4. Due process of law
Section 4. No person shall be deprived of life, liberty, or property without due process of law.
Section 5 – Right of petition and of assembly
5. Right of petition and of assembly
Section 5. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.
Section 6 – Freedom of speech and press
6. Freedom of speech and press
Section 6. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Section 7 – Oaths and affirmations
7. Oaths and affirmations
Section 7. The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.
Section 8 – Right to privacy
8. Right to privacy
Section 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Section 9 – Irrevocable grants of privileges, franchises or immunities
9. Irrevocable grants of privileges, franchises or immunities
Section 9. No law granting irrevocably any privilege, franchise, or immunity shall be enacted.
Section 10 – Self-incrimination; double jeopardy
10. Self-incrimination; double jeopardy
Section 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
Section 11 – Administration of justice
11. Administration of justice
Section 11. Justice in all cases shall be administered openly, and without unnecessary delay.
Section 12 – Liberty of conscience; appropriations for religious purposes prohibited; religious freedom
12. Liberty of conscience; appropriations for religious purposes prohibited; religious freedom
Section 12. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.
Section 13 – Equal privileges and immunities
13. Equal privileges and immunities
Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Section 14 – Habeas corpus
14. Habeas corpus
Section 14. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.
Section 15 – Excessive bail; cruel and unusual punishment
15. Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Section 16 – Corruption of blood; forfeiture of estate
16. Corruption of blood; forfeiture of estate
Section 16. No conviction shall work corruption of blood, or forfeiture of estate.
Section 17 – Eminent domain; just compensation for private property taken; public use as judicial question
17. Eminent domain; just compensation for private property taken; public use as judicial question
Section 17. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. 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.
Section 18 – Imprisonment for debt
18. Imprisonment for debt
Section 18. There shall be no imprisonment for debt, except in cases of fraud.
Section 19 – Bribery or illegal rebating; witnesses; self-incrimination no defense
19. Bribery or illegal rebating; witnesses; self-incrimination no defense
Section 19. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence.
Section 20 – Military power subordinate to civil power
20. Military power subordinate to civil power
Section 20. The military shall be in strict subordination to the civil power.
Section 21 – Free and equal elections
21. Free and equal elections
Section 21. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Section 22 – Bailable offenses
22. Bailable offenses
Section 22. A. All persons charged with crime shall be bailable by sufficient sureties, except for:
1. Capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
2. Felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
3. Felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.
Section 23 – Trial by jury; number of jurors specified by law
23. Trial by jury; number of jurors specified by law
Section 23. The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law.
Section 24 – Rights of accused in criminal prosecutions
24. Rights of accused in criminal prosecutions
Section 24. 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 against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
Section 25 – Bills of attainder; ex post facto laws; impairment of contract obligations
25. Bills of attainder; ex post facto laws; impairment of contract obligations
Section 25. No bill of attainder, ex-post-facto law, or law impairing the obligation of a contract, shall ever be enacted.
Section 26 – Bearing arms
26. Bearing arms
Section 26. The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Section 27 – Standing army; quartering soldiers
27. Standing army; quartering soldiers
Section 27. No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.
Section 28 – Treason
Section 28. Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in 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 confession in open court.
Section 29 – Hereditary emoluments, privileges or powers; perpetuities or entailments
29. Hereditary emoluments, privileges or powers; perpetuities or entailments
Section 29. No hereditary emoluments, privileges, or powers shall be granted or conferred, and no law shall be enacted permitting any perpetuity or entailment in this state.
Section 30 – Indictment or information; preliminary examination
30. Indictment or information; preliminary examination
Section 30. No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination.
Section 31 – Damages for death or personal injuries
31. Damages for death or personal injuries
Section 31. No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.
Section 32 – Constitutional provisions mandatory
32. Constitutional provisions mandatory
Section 32. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.
Section 33 – Reservation of rights
33. Reservation of rights
Section 33. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.
Section 34 – Industrial pursuits by state and municipal corporations
34. Industrial pursuits by state and municipal corporations
Section 34. The state of Arizona and each municipal corporation within the state of Arizona shall have the right to engage in industrial pursuits.
Section 35 – Actions by illegal aliens prohibited
35. Actions by illegal aliens prohibited
A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.
Section 36 – Preferential treatment or discrimination prohibited; exceptions; definition
36. Preferential treatment or discrimination prohibited; exceptions; definition
Section 36. A. This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.
B. This section does not:
1. Prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education or public contracting.
2. Prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal monies to this state.
3. Invalidate any court order or consent decree that is in force as of the effective date of this section.
C. The remedies available for a violation of this section are the same, regardless of the injured party’s race, sex, color, ethnicity or national origin, as are otherwise available for a violation of the existing antidiscrimination laws of this state.
D. This section applies only to actions that are taken after the effective date of this section.
E. This section is self-executing.
F. For the purposes of this section, “state” includes this state, a city, town or county, a public university, including the university of Arizona, Arizona state university and northern Arizona university, a community college district, a school district, a special district or any other political subdivision in this state.
Section 37 – Right to secret ballot; employee representation
37. Right to secret ballot; employee representation
Section 37. The right to vote by secret ballot for employee representation is fundamental and shall be guaranteed where local, state or federal law permits or requires elections, designations or authorizations for employee representation.