BILL OF RIGHTS OF THE CONSTITUTION OF THE STATE OF OREGON


Section 1 - Natural rights inherent in people
We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.


Section 2 - Freedom of worship
All men shall be secure in the Natural right, to worship almighty God according to the dictates of their own consciences.


Section 3 - Freedom of religious opinion
No law shall in any case whatever control the free exercise and enjoyment of religeous (sic) opinions, or interfere with the rights of conscience.


Section 4 - No religious qualification for office
No religious test shall be required as a qualification for any office of trust or profit.


Section 5 - No money to be appropriated for religion
No money shall be drawn from the Treasury for the benefit of any religeous (sic), or theological institution, nor shall any money be appropriated for the payment of any religeous (sic) services in either house of the legislative Assembly.


Section 6 - No religious test for witnesses or jurors
No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religeon (sic); nor be questioned in any Court of Justice touching his religeous (sic) belief to affect the weight of his testimony.


Section 7 - Manner of administering oath or affirmation
The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.


Section 8 - Freedom of speech and press
No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.


Section 9 - Unreasonable searches or seizures
No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; 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.


Section 10 - Administration of justice
No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.


Section 11 - Rights of accused in criminal prosecution
In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offence shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor; provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing; provided, however, that in the circuit court ten members of the jury may render a verdict of guilty or not guilty, save and except a verdict of guilty of first degree murder, which shall be found only by a unanimous verdict, and not otherwise; provided further, that the existing laws and constitutional provisions relative to criminal prosecutions shall be continued and remain in effect as to all prosecutions for crimes committed before the taking effect of this amendment. [Constitution of 1859; Amendment proposed by S.J.R. No. 4, 1931, and adopted by people Nov. 8, 1932; Amendment proposed by S.J.R. No. 4, 1933 (2d s.s.), and adopted by people May 18, 1934]

NOTE: The lead line to section 11 was a part of the measure submitted to the people by S.J.R. No. 4, 1933 (2d s.s.).


Section 12 - Double jeopardy; compulsory self-incrimination
No person shall be put in jeopardy twice for the same offence, nor be compelled in any criminal prosecution to testify against himself.


Section 13 - Treatment of arrested or confined persons
No person arrested, or confined in jail, shall be treated with unnecessary rigor.


Section 14 - Bailable offenses
Offences, except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.


Section 15 - Foundation principles of criminal law
Laws for the punishment of crime shall be founded on the principles of reformation, and not of vindictive justice. [Constitution of 1859]

Laws for the punishment of crime shall be founded on these principles: protection of society, personal responsibility, accountability for one's actions and reformation. [Amendment proposed by S.J.R. 32, 1995, and adopted by the people Nov. 5, 1996]


Section 16 - Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case
Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense. - In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the court as to the law, and the right of new trial, as in civil cases.


Section 17 - Jury trial in civil cases
In all civil cases the right of Trial by jury shall remain inviolate.


Section 18 - Private property or services taken for public use
Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use. [Constitution of 1859; Amendment proposed by S.J.R. No. 17, 1919, and adopted by people May 21, 1920; Amendment proposed by S.J.R. No. 8, 1923, and adopted by people Nov. 4, 1924]


Section 19 - Imprisonment for debt
There shall be no imprisonment for debt, except in case of fraud or absconding debtors.


Section 20 - Equality of privileges and immunities of citizens
No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not belong to all citizens.


Section 21 - Ex-post facto laws; laws impairing contracts; laws depending on authorization in order to take effect; laws submitted to electors
No ex-post facto law, or law impairing the obligation of contracts shall ever be passed, nor shall any law be passed, the taking effect of which shall be made to depend upon any authority, except as provide in this Constitution; provided, that laws locating the Capitol of the State, locating County Seats, and submitting town, and corporate acts, and other local, and Special laws may take effect, or not, upon a vote of the electors interested.


Section 22 - Suspension of operation of laws
The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly.


Section 23 - Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion, or invasion the public safety require it.


Section 24 - Treason
Treason against the State shall consist only in levying war against it, or 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 confession in open court.


Section 25 - Corruption of blood or forfeiture of estate
No conviction shall work corruption of blood, or forfeiture of estate.


Section 26 - Assemblages of people; instruction of representatives; application to legislature
No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of greviances (sic).


Section 27 - Right to bear arms; military subordinate to civil power
The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the military shall be kept in strict subordination to the civil power.


Section 28 - Quartering soldiers
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 a manner prescribed by law.


Section 29 - Titles of nobility; hereditary distinctions
No law shall be passed granting any title of Nobility, or conferring hereditary distinctions.


Section 30 - Emigration
No law shall be passed prohibiting emigration from the State.


Section 31 - Rights of aliens; immigration to state
[Constitution of 1859; repeal proposed by H.J.R. 16, 1969, and adopted by people May 26, 1970]


Section 32 - Taxes and duties; uniformity of taxation
No tax or duty shall be imposed without the consent of the people or their representatives in the Legislative Assembly; and all taxation shall be uniform on the same class of subjects within the territorial limits of the authority levying the tax. [Constitution of 1859; Amendment proposed by H.J.R. 16, 1917, and adopted by people June 4, 1917].


Section 33 - Enumeration of rights not exclusive
This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.


Section 34 - Slavery or involuntary servitude
There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted. - [Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with section 4 of Article XVIII thereof].


Section 35
[repealed] Free negroes and mulattos.


Section 36
[repealed] Liquor prohibition.


Section 36
[repealed] Capital Punishment abolished. [1920]


Section 36a
[repealed] Prohibition of importation of liquors.


Section 37
[repealed] Penalty for murder in first degree.


Section 38
Laws abrogated by amendment abolishing death penalty revived. [1964]


Section 39 - Sale of liquor by individual glass
The State shall have power to license private clubs, fraternal organizations, veteran's organizations, railroad corporations operating interstate trains and commercial establishments where food is cooked and served, for the purpose of selling alcoholic liquor by the individual glass at retail, for consumption on the premises, including mixed drinks and cocktails, compounded or mixed on the premises only. The legislative Assembly shall provide in such detail as it shall deem advisable for carrying out and administering the provisions of this amendment and shall provide adequate safeguards to carry out the original intent and purpose of the Oregon Liquor Control Act, including the promotion of temperance in the use and comsumption of lighter beverages and aid in the establishment of Oregon industry. This power is subject to the following:

(1) The provisions of this amendment shall take effect and be in operation sixty (60) days after the approval and adoption by the people of Oregon; provided, however, the right of a local option election exists in the counties and in any incorporated city or town containing a population of at least five hundred (500). The legislative Assembly shall prescribe a means and a procedure by which the voters of any county or incorporated city or town as limited above in any county, may through a local option election determine whether to prohibit or permit such power, and such procedure shall specifically include that whenever fifteen percent (15%) of the registered voters of any county in the state or of any incorporated city or town as limited above, in any county in the state, shall file a petition requesting an election in this matter, the question shall be voted upon at the next regular November biennial election, provided said petition is filed not less than sixty (60) days before the day of election.

(2) Legislation relating to this matter shall operate uniformly throughout the state and all individuals shall be treated equally; and all provisions shall be liberally construed for the accomplishment of these purposes. [Created through initiative petition filed July 2, 1952, adopted by people Nov. 4, 1952]


Section 40 - Penalty for aggravated murder
Penalty for aggravated murder. Notwithstanding sections 15 and 16 of this Article, the penalty for aggravated murder as defined by law shall be death upon unanimous affirmative jury findings as provided by law and otherwise shall be life imprisonment with minimum sentence as provided by law. [Created through initiative petition files July 6, 1983, adopted by people Nov. 6, 1984]


Section 41 - Work and training for corrections institution inmates
(1) Whereas the people of the state of Oregon find and declare that inmates who are confined in corrections institutions should work as hard as the taxpayers who provide for their upkeep; and whereas the people also find and declare that inmates confined within corrections institutions must be fully engaged in productive activity if they are to successfully re-enter society with practical skills and a viable work ethic; now, therefore, the people declare:

(2) All inmates of state corrections institutions shall be actively engaged full-time in work or on-the-job training. The work or on-the-job training programs shall be established and overseen by the corrections director, who shall ensure that such programs are cost-effective and are designed to develop inmate motivation, work capabilities and cooperation. Such programs may include boot camp prison programs. Education may be provided to inmates as part of work or on-the-job training so long as each inmate is engaged at least half-time in hands-on training or work activity.

(3) Each inmate shall begin full-time work or on-the-job training immediately upon admission to a corrections institution, allowing for a short time for administrative intake and processing. The specific quantity of hours per day to be spent in work or on-the-job training shall be determined by the corrections director, but the overall time spent in work or training shall be full-time. However, no inmate has a legally enforceable right to a job or to otherwise participate in work, on-the-job training or educational programs or to compensation for work or labor performed while an inmate of any state, county or city corrections facility or institution. The corrections director may reduce or exempt participation in work or training programs by those inmates deemed by corrections officials as physically or mentally disabled, or as too dangerous to society to engage in such programs.

(4) There shall be sufficient work and training programs to ensure that every eligible inmate is productively involved in one or more programs. Where an inmate is drug and alcohol addicted so as to prevent the inmate from effectively participating in work or training programs, corrections officials shall provide appropriate drug or alcohol treatment.

(5) The intent of the people is that taxpayer-supported institutions and programs shall be free to benefit from inmate work. Prison work programs shall be designed and carried out so as to achieve net cost savings in maintaining government operations, or so as to achieve a net profit in private sector activities.

(6) The provisions of this section are mandatory for all state corrections institutions. The provisions of this section are permissive for county or city corrections facilities. No law, ordinance or charter shall prevent or restrict a county or city governing body from implementing all or part of the provisions of this section. Compensation, if any, shall be determined and established by the governing body of the county or city which chooses to engage in prison work programs, and the governing body may choose to adopt any power or exemption allowed in this section.

(7) The corrections director shall contact public and private enterprises in this state and seek proposals to use inmate work. The corrections director may: (a) install and equip plants in any state corrections institution, or any other location, for the employment or training of any of the inmates therein; or (b) purchase, acquire, install, maintain and operate materials, machinery and appliances necessary to the conduct and operation of such plants. The corrections director shall use every effort to enter into contracts or agreements with private business concerns or government agencies to accomplish the production or marketing of products or services produced or performed by inmates.

(8) Compensation, if any, for inmates who engage in prison work programs shall be determined and established by the corrections director. Such compensation shall not be subject to existing public or private sector minimum or prevailing wage laws, except where required to comply with federal law. Inmate compensation from enterprises entering into agreements with the state shall be exempt from unemployment compensation taxes to the extent allowed under federal law. Inmate injury or disease attributable to any inmate work shall be covered by a corrections system inmate injury fund rather than the workers compensation law. Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes: (a) reimbursement for all or a portion of the costs of the inmate's rehabilitation, housing, health care, and living costs; (b) restitution or compensation to the victims of the particular inmate's crime; (c) restitution or compensation to the victims of crime generally through a fund designed for that purpose; (d) financial support for immediate family of the inmate outside the corrections institution; and (e) payment of fines, court costs, and applicable taxes.

(9) All income generated from prison work programs shall be kept in a separate account and shall only be used for implementing, maintaining and developing prison work programs. Prison industry work programs shall be exempt from statutory competitive bid and purchase requirements. Expenditures for prison work programs shall be exempt from the legislative appropriations process to the extent the programs rely on income sources other than state taxes and fees. Where state taxes or fees are the source of capital or operating expenditures, the appropriations shall be made by the legislative assembly. The state programs shall be run in a businesslike fashion and shall be subject to regulation by the Prison Industries Board, consisting of the Governor, Secretary of State, and State Treasurer. The Board shall meet at least quarterly and shall act by vote of any two of the three members. Expenditures from the state prison work programs account must be approved by the Board. Agreements with private enterprise as to state prison work programs must be approved by the Board. The corrections director shall make all state records available for public scrutiny and the records shall be subject to audit by the Secretary of State.

(10) Prison work products or services shall be available to any public agency and to any private enterprise without restriction imposed by any state or local law, ordinance or regulation as to competition with other public or private sector enterprises. The products and services of corrections work programs shall be provided on such terms as are approved by the corrections director.

(11) Inmate work shall be used as much as possible to help operate the corrections institutions themselves and to support other government operations. This work includes, but is not limited to, institutional food production; maintenance and repair of buildings, grounds, and equipment; office support services, including printing; prison clothing production and maintenance; prison medical services; training other inmates; agricultural and forestry work, especially in parks and public forest lands; and environmental clean-up projects. Every state agency shall cooperate with the corrections director in establishing inmate work programs.

(12) As used throughout this section, unless the context requires otherwise: "full-time" means the equivalent of at least forty hours per seven day week, specifically including time spent by inmates as required by the Department of Corrections, while the inmate is participating in work or on-the-job training, to provide for the safety and security of the public, correctional staff and inmates; "corrections director" means the person in charge of the state corrections system.

(13) This section is self-implementing and supersedes all existing inconsistent statutes. This section shall become effective April 1, 1995. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect. [Created through initiative petition filed Jan. 12, 1994, and adopted by the people Nov. 8, 1994; Amendment proposed by H.J.R. 2, 1997, and adopted by the people May 20, 1997]

Note: Added to Article I as unnumbered section by initiative petition (Measure No. 17, 1994) adopted by the people Nov. 8, 1994.


Section 42 - Crime victims' rights
PREAMBLE: This initiative is designed to preserve and protect crime victims' rights to justice and due process and to ensure the prosecution and conviction of persons who have committed criminal acts. It shall be interpreted to accomplish these ends.

(1) To ensure crime victims a meaningful role in the criminal and juvenile justice system, to accord them due dignity and respect, and to ensure that persons who violate laws for the punishment of crime are apprehended, convicted and punished, the following rights are hereby granted to victims in all prosecutions for crimes and juvenile delinquency proceedings:

(a) The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process; decisions as to the pretrial release of the defendant are to be based on the principle of reasonable protection of the victim and the public; any person arrested for a crime for which the People have set a mandatory minimum sentence shall not be released prior to trial unless a court determines by clear and convincing evidence that the person will not commit new criminal offenses while on release;

(b) The right to be present at, to be heard at, and, upon specific request, to be informed in advance of any critical stage of the proceedings where the criminal defendant is present, including trial;

(c) The right, upon request, to information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal;

(d) The right 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;

(e) The right to receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.

(f) The right to have all relevant evidence admissible against the criminal defendant;

(g) The right, in a criminal prosecution, to a public trial without delay by a jury selected from registered voters and composed of persons who have not been convicted of a felony or served a felony sentence within the last 15 years, except that no court shall hold that a jury is required in juvenile court delinquency proceedings.

(h) The right to have eleven members of the jury render a verdict of guilty of aggravated murder or murder, notwithstanding any other law or provision of this Constitution;

(i) The right to have a copy of a transcript of any court proceeding, if one is otherwise prepared;

(j) The right that no law shall permit a sentence imposed by a judge in open court to be set aside or otherwise not carried out except through the reprieve, commutation, and pardon power of the governor or pursuant to appellate or post-conviction relief;

(k) The right that no law shall limit the court's authority to sentence a criminal defendant consecutively for crimes against different victims;

(l) The right to have all charges against a criminal defendant tried in a single trial; subject to rules regarding venue;

(m) The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and

(n) The right to be informed of these rights as soon as reasonably practicable.

(2) The rights conferred on victims by this section shall be limited only to the extent required by the United States Constitution; Section 9, Article I and Section 12, Article I of this Constitution shall not be construed more broadly than the United States Constitution and in criminal cases involving a victim, the validity of prior convictions shall not be litigated except to the extent required by the United States Constitution.

(3) This section shall not reduce a criminal defendant's rights under the United States Constitution, reduce any existing right of the press, or affect any existing statutory rule relating to privilege or hearsay.

(4) As to the decision to initiate criminal or juvenile proceedings and as to the conduct and prosecution of such proceedings, it is the district attorney who is authorized to assert the rights conferred on victims by this section.

(5) "Victim" means persons who have suffered financial, social, psychological or physical harm as a result of a crime or juvenile offense, and includes, in the case of a homicide, a member of the immediate family of the decedent, and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. In criminal cases not involving a victim, the people of the State of Oregon, represented by the State of Oregon, shall have the same rights conferred by this section on victims.

(6) "Relevant evidence" means evidence having any tendency to prove the charge against the criminal defendant or establish the proper sentence for the criminal defendant.

(7) In criminal cases prosecuted by a municipality, "district attorney" as used in this section includes the city attorney.

(8) "Criminal defendant" includes juvenile offenders in juvenile court delinquency proceedings.

(9) This section creates no new civil liabilities. [Created through initiative petition filed Oct. 19, 1995, and adopted by the people Nov. 5, 1996]

Note: Added to Article I as unnumbered section by initiative petition (Measure No. 40, 1996) adopted by the people Nov. 5, 1996.


LINK TO THE ENTIRE OREGON STATE CONSTITUTION



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