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.)
