


                          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

Sec. 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 candi-
          dates for public office or  to elect persons to party  posi-
          tions for any political party or parties in any unit of rep-
          resentation of the state from which such candidates or  per-
          sons are nominated or  elected whenever there is  no contest
          or contests for such nominations or election as may be  pre-
          scribed  by  general  law.  (Amended  by  vote of the people
          November 3, 1959.

Sec. 2.   Trial by jury  in all cases in which it has  heretofore been
          guaranteed by constitutional  provision shall remain  invio-
          late forever; but a jury may be waived by the parties in all
          civil cases in the manner to be prescribed by law. The  leg-
          islature 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 jurisdic-
          tion 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 and
          approved by vote of the people November 8, 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  Con-
          vention of 1938 and approved by vote of the people  November
          8, 1938).

Sec. 5.   Excessive  bail shall  not be required  nor excessive  fines
          imposed,  nor  shall  cruel  and  unusual punishments be in-
          flicted, 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 na-
          val 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), un-
          less 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  im-
          prisonment, 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  wai-
          ver 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, provid-
          ing, 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  and approved
          by vote of the people  November 8, 1938; further amended  by
          vote  of  the  people  November  8,  1949; November 3, 1959;
          November 6, 1973.)

Sec. 7.   (a) Private property shall not be taken for public use with-
          out just compensation.(c) Private roads may be opened in the
          manner to be  prescribed by law;  but in every  case the ne-
          cessity of the road and the amount of all damage to be  sus-
          tained by the opening thereof shall be first determined by a
          jury of freeholders, and such amount, together with the  ex-
          penses 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  oc-
          cupants  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  compen-
          sation together with  the cost of  such drainage may  be as-
          sessed,  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 by  vote of  the people  November 8,  1938.  Subdi-
          vision (e) repealed by vote of the people November 5,  1963.
          Subdivision (b) repealed by  vote of the people  November 3,
          1964.)

Sec. 8.   Every citizen may freely speak, write and publish his senti-
          ments on all  subjects, being responsible  for the abuse  of
          that right;  and no  law shall  be passed  to restrain or a-
          bridge the liberty of speech or of the press. In all  crimi-
          nal 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  other-
          wise 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 opera-
          tion 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  subdi-
          vision,  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 per-
          mitted 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 approved by vote
          of the people November 7,  1939; further amended by vote  of
          the people 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 approved by  vote of
          the people 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 and approved by vote of
          the people November 8, 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 af-
          firmation,  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  vio-
          lated, and ex parte orders or warrants shall issue only upon
          oath or affirmation that  there is reasonable ground  to be-
          lieve that evidence of crime may be thus obtained, and iden-
          tifying the particular means of communication, and  particu-
          larly describing the person or persons whose  communications
          are to be intercepted and the purpose thereof. (New.  Adopt-
          ed by Constitutional Convention of 1938 and approved by vote
          of the people November 8,1938

Sec. 13   dealt with the purchase of lands of Indians was repealed  by
          amendment approved by vote of the people November 6, 1962.)

Sec. 14.  Such parts of the common law, and of the acts of the  legis-
          lature 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
          and approved by vote of the people November 8, 1938.)

Sec. 15   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
          approved by vote of the people November 6, 1962.)

Sec. 16.  The right of action now existing to recover damages for  in-
          juries resulting in death, shall never be abrogated; and the
          amount recoverable  shall not  be subject  to any  statutory
          limitation.   (Formerly Sec.  18.   Renumbered by  Constitu-
          tional Convention of 1938 and approved by vote of the people
          November 8, 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  and approved  by vote of
          the people November 8, 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  result-
          ing from such  injuries without regard  to fault as  a cause
          thereof, except where the injury is occasioned by the  will-
          ful intention  of the  injured employee  to bring  about the
          injury or death of himself  or of another, or where  the in-
          jury 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  in-
          juries to employees or for death resulting from such  injur-
          ies; 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  and  approved  by  vote  of the people
          November 8, 1938.)


