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ARTICLE VI

BILL OF RIGHTS

1.      Inherent rights.
2.      Due process--Right to work.
3.      Freedom of religion--Support of religion prohibited.
4.      Right of petition and peaceable assembly.
5.      Freedom of speech--Truth as defense--Jury trial.
6.      Jury trial--Reduced jury--Three-fourths vote.
7.      Rights of accused.
8.      Right to bail--Habeas corpus.
9.      Self-incrimination--Double jeopardy.
10.      Indictment or information--Modification or abolishment of grand jury.
11.      Search and seizure.
12.      Ex post facto laws--Impairment of contract obligations--Privilege or immunity.
13.      Private property not taken without just compensation--Benefit to owner--Fee in highways.
14.      Resident aliens' property rights.
15.      Imprisonment for debt.
16.      Military subordinate to civil power--Quartering of soldiers.
17.      Taxation without consent--Uniformity.
18.      Equal privileges or immunities.
19.      Free and equal elections--Right of suffrage--Soldier voting.
20.      Courts open--Remedy for injury.
21.      Suspension of laws prohibited.
22.      Attainder by Legislature prohibited.
23.      Excessive bail or fines--Cruel punishments.
24.      Right to bear arms.
25.      Treason.
26.      Power inherent in people--Alteration in form of government--Inseparable part of Union.
27.      Maintenance of free government--Fundamental principles.
28.      Right to vote by secret ballot.
29.      Rights of crime victim.


     § 1.   Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.


     § 2.   Due process--Right to work. No person shall be deprived of life, liberty or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization.

History: Amendment proposed by SL 1945, ch 315, approved Nov., 1946.


     § 3.   Freedom of religion--Support of religion prohibited. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.
     No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.


     § 4.   Right of petition and peaceable assembly. The right of petition, and of the people peaceably to assemble to consult for the common good and make known their opinions, shall never be abridged.


     § 5.   Freedom of speech--Truth as defense--Jury trial. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. 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. The jury shall have the right to determine the fact and the law under the direction of the court.


     § 6.   Jury trial--Reduced jury--Three-fourths vote. The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy, but the Legislature may provide for a jury of less than twelve in any court not a court of record and for the decision of civil cases by three-fourths of the jury in any court.


     § 7.   Rights of accused. In all criminal prosecutions the accused shall have the right to defend in person and by counsel; to demand the nature and cause of the accusation against him; to have a copy thereof; to meet the witnesses against him face to face; to have compulsory process served for obtaining witnesses in his behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

History: Amendment proposed by initiated measure, rejected Nov. 5, 2002.


     § 8.   Right to bail--Habeas corpus. All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it.


     § 9.   Self-incrimination--Double jeopardy. No person shall be compelled in any criminal case to give evidence against himself or be twice put in jeopardy for the same offense.


     § 10.   Indictment or information--Modification or abolishment of grand jury. No person shall be held for a criminal offense unless on the presentment or indictment of a grand jury, or information of the public prosecutor, except in cases of impeachment, in cases cognizable by county courts, by justices of the peace, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger: provided, that the grand jury may be modified or abolished by law.


     § 11.   Search and seizure. 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 affidavit, particularly describing the place to be searched and the person or thing to be seized.


     § 12.   Ex post facto laws--Impairment of contract obligations--Privilege or immunity. No ex post facto law, or law impairing the obligation of contracts or making any irrevocable grant of privilege, franchise or immunity, shall be passed.


     § 13.   Private property not taken without just compensation--Benefit to owner--Fee in highways. Private property shall not be taken for public use, or damaged, without just compensation, which will be determined according to legal procedure established by the Legislature and according to § 6 of this article. No benefit which may accrue to the owner as the result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.

History: Amendment proposed by SL 1961, ch 297, approved Nov. 6, 1962; amendment proposed by SL 1989, ch 3, rejected November 6, 1990.


     § 14.   Resident aliens' property rights. No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment or descent of property.


     § 15.   Imprisonment for debt. No person shall be imprisoned for debt arising out of or founded upon a contract.


     § 16.   Military subordinate to civil power--Quartering of soldiers. The military shall be in strict subordination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law.


     § 17.   Taxation without consent--Uniformity. No tax or duty shall be imposed without the consent of the people or their representatives in the Legislature, and all taxation shall be equal and uniform.


     § 18.   Equal privileges or immunities. No law shall be passed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations.


     § 19.   Free and equal elections--Right of suffrage--Soldier voting. 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. Soldiers in time of war may vote at their post of duty in or out of the state, under regulations to be prescribed by the Legislature.


     § 20.   Courts open--Remedy for injury. All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.


     § 21.   Suspension of laws prohibited. No power of suspending laws shall be exercised, unless by the Legislature or its authority.


     § 22.   Attainder by Legislature prohibited. No person shall be attainted of treason or felony by the Legislature.


     § 23.   Excessive bail or fines--Cruel punishments. Excessive bail shall not be required, excessive fines imposed, nor cruel punishments inflicted.


     § 24.   Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.


     § 25.   Treason. Treason against the state shall consist only in levying war against it, or in 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.


     § 26.   Power inherent in people--Alteration in form of government--Inseparable part of Union. All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land.


     § 27.   Maintenance of free government--Fundamental principles. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue and by frequent recurrence to fundamental principles.


     § 28.   Right to vote by secret ballot. The rights of individuals to vote by secret ballot is fundamental. If any state or federal law requires or permits an election for public office, for any initiative or referendum, or for any designation or authorization of employee representation, the right of any individual to vote by secret ballot shall be guaranteed.

History: Amendment proposed by SL 2010, ch 1, § 2, approved Nov. 2, 2010.


     § 29.   Rights of crime victim. A victim shall have the following rights, beginning at the time of victimization:
     1. The right to due process and to be treated with fairness and respect for the victim's dignity;
     2. The right to be free from intimidation, harassment and abuse;
     3. The right to be reasonably protected from the accused and any person acting on behalf of the accused;
     4. The right to have the safety and welfare of the victim and the victim's family considered when setting bail or making release decisions;
     5. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records;
     6. The right to privacy, which includes the right to refuse an interview, deposition or other discovery request, and to set reasonable conditions on the conduct of any such interaction to which the victim consents;
     7. The right to reasonable, accurate and timely notice of, and to be present at, all proceedings involving the criminal or delinquent conduct, including release, plea, sentencing, adjudication and disposition, and any proceeding during which a right of the victim is implicated;
     8. The right to be promptly notified of any release or escape of the accused;
     9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition or parole, and any proceeding during which a right of the victim is implicated;
     10. The right to confer with the attorney for the government;
     11. The right to provide information regarding the impact of the offender's conduct on the victim and the victim's family to the individual responsible for conducting any pre-sentence or disposition sentence investigation report or plan of disposition, and to have any such information considered in any sentencing or disposition recommendations;
     12. The right to receive a copy of any pre-sentence report or plan of disposition, and any other report or record relevant to the exercise of a victim's right, except for those portions made confidential by law;
     13. The right to the prompt return of the victim's property when no longer needed as evidence in the case;
     14. The right to full and timely restitution in every case and from each offender for all losses suffered by the victim as a result of the criminal conduct and as provided by law for all losses suffered as a result of delinquent conduct. All monies and property collected from any person who has been ordered to make restitution shall be first applied to the restitution owed to the victim before paying any amounts owed to the government;
     15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings;
     16. The right to be informed of the conviction, adjudication, sentence, disposition, place and time of incarceration, detention or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody;
     17. The right to be informed in a timely manner of all post-judgment processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. Any parole authority shall extend the right to be heard to any person harmed by the offender;
     18. The right to be informed in a timely manner of clemency and expungement procedures, to provide information to the Governor, the court, any clemency board and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made, and to be notified of such decision in advance of any release of the offender; and
     19. The right to be informed of these rights, and to be informed that a victim can seek the advice of an attorney with respect to the victim's rights. This information shall be made available to the general public and provided to each crime victim in what is referred to as a Marsy's Card.
     The victim, the retained attorney of the victim, a lawful representative of the victim, or the attorney for the government, upon request of the victim, may assert and seek enforcement of the rights enumerated in this section and any other right afforded to a victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right and ensuring that victims' rights and interests are protected in a manner no less vigorous than the protections afforded to criminal defendants and children accused of delinquency. The reasons for any decision regarding the disposition of a victim's right shall be clearly stated on the record.
     The granting of these rights to any victim shall ensure the victim has a meaningful role throughout the criminal and juvenile justice systems and may not be construed to deny or disparage other rights possessed by victims. All provisions of this section apply throughout criminal and juvenile justice processes, are self-enabling and require no further action by the Legislature.
     As used in this section, the term, victim, means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term also includes any spouse, parent, grandparent, child, sibling, grandchild, or guardian, and any person with a relationship to the victim that is substantially similar to a listed relationship, and includes a lawful representative of a victim who is deceased, incompetent, a minor, or physically or mentally incapacitated. The term does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim.

History: SL 2017, ch 220 (Initiated Constitutional Amendment S) approved Nov. 8, 2016, eff. Nov. 16, 2016.


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