BILL OF RIGHTS OF THE CONSTITUTION OF THE STATE OF NEBRASKA


Sec. 1
All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed. (Amended 1988.)


Sec. 2
There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.


Sec. 3
No person shall be deprived of life, liberty, or property, without due process of law, nor be denied equal protection of the laws. (Amended 1998.)


Sec. 4
All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious beliefs; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.


Sec. 5
Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.


Sec. 6
The right of trial by jury shall remain inviolate, but the Legislature may authorize trial by a jury of a less number than twelve in courts inferior to the District Court, and may by general law authorize a verdict in civil cases in any court by not less than five-sixths of the jury. (Amended, 1896, 1914, 1920.)


Sec. 7
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 warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.


Sec. 8
The privilege of the writ of habeas corpus shall not be suspended. (Amended 1998.)


Sec. 9
All persons shall be bailable by sufficient sureties, except for treason, [Amended 1978: sexual offenses involving penetration by force or against the will of the victim] and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Sec. 10
No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine, or imprisonment otherwise than in a penitentiary, in case of impeachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the Legislature may by law provide for holding persons to answer for criminal offences on information of a public prosecutor; and may by law, abolish, limit, change, amend, or otherwise regulate the grand jury system.


Sec. 11
In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation, and to have a copy thereof; 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. 12
No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.


Sec. 13
All courts shall be open, and every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due course of law, and justice administered without denial or delay, [Amended 1996: except that the Legislature may provide for the enforcement of mediation, binding arbitration agreements, and other forms of dispute resolution which are entered into voluntarily and which are not revocable other than upon such grounds as exist at law or in equity for the revocation of any contract.]


Sec. 14
Treason against the state shall consist only in levying war against the state, 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.


Sec. 15
All penalties shall be proportioned to the nature of the offense, and no convicion shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.


Sec. 16
No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed.


Sec. 17
The military shall be in strict subordination to the civil power.


Sec. 18
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. 19
The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.


Sec. 20
No person shall be imprisoned for debt in any civil action on mesne or final process. (Amended 1998)


Sec. 21
The property of no person shall be taken or damaged for public use without just compensation therefor.


Sec. 22
All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.


Sec. 23
In all capital cases, appeal directly to the Supreme Court shall be as a matter of right and shall operate as a supersedeas to stay the execution of the sentence of death until further order of the Supreme Court. In all other cases, criminal or civil, an aggrieved party shall be entitled to one appeal to the appellate court created pursuant to Article V, section 1, of this Constitution or to the Supreme Court as may be provided by law. (Amended 1972, 1990)


Sec. 24 - Repealed 1990
The right to be heard in all civil cases in the court of last resort, by appeal, error, or otherwise, shall not be denied.


Sec. 25
There shall be no discrimination between citizens of the United States in respect to the acquisition, ownership, possession, enjoyment or descent of property. The right of aliens in respect to the acquisition, enjoyment and descent of property may be regulated by law. (Amended, 1920.)


Sec. 26
This enumeration of rights shall not be construed to impair or deny others, retained by the people, and all powers not herein delegated, remain with the people.


Sec. 27
The English language is hereby declared to be the official language of this state, and all official proceedings, records and publications shall be in such language, and the common school branches shall be taught in said language in public, private, denominational and parochial schools. (Adopted, 1920.)


Sec. 28
(1) A victim of a crime, as shall be defined by law, or his or her guardian or representative shall have: The right to be informed of all criminal court proceedings; the right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. This enumeration of certain rights for crime victims shall not be construed to impair or deny others provided by law or retained by crime victims.

(2) The Legislature shall provide by law for the implementation of the rights granted in this section. There shall be no remedies other than as specifically provided by the Legislature for the enforcement of the rights granted by this section.

(3) Nothing in this section shall constitute a basis for error in favor of a defendant in any criminal proceeding, a basis for providing standing to participate as a party to any criminal proceeding, or a basis to contest the disposition of any charge. (Adopted 1996.)


LINK TO THE ENTIRE NEBRASKA STATE CONSTITUTION



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