0N-6 BILL OF RIGHTS

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\r\nARTICLE VI\r\n\r\n

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\r\nBILL OF RIGHTS\r\n\r\n

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\r\n\r\n\r\n 1.\r\n    \r\nInherent rights.\r\n\r\n
\r\n\r\n\r\n 2.\r\n    \r\nDue process--Right to work.\r\n\r\n
\r\n\r\n\r\n 3.\r\n    \r\nFreedom of religion--Support of religion prohibited.\r\n\r\n
\r\n\r\n\r\n 4.\r\n    \r\nRight of petition and peaceable assembly.\r\n\r\n
\r\n\r\n\r\n 5.\r\n    \r\nFreedom of speech--Truth as defense--Jury trial.\r\n\r\n
\r\n\r\n\r\n 6.\r\n    \r\nJury trial--Reduced jury--Three-fourths vote.\r\n\r\n
\r\n\r\n\r\n 7.\r\n    \r\nRights of accused.\r\n\r\n
\r\n\r\n\r\n 8.\r\n    \r\nRight to bail--Habeas corpus.\r\n\r\n
\r\n\r\n\r\n 9.\r\n    \r\nSelf-incrimination--Double jeopardy.\r\n\r\n
\r\n\r\n\r\n10.\r\n    \r\nIndictment or information--Modification or abolishment of grand jury.\r\n\r\n
\r\n\r\n\r\n11.\r\n    \r\nSearch and seizure.\r\n\r\n
\r\n\r\n\r\n12.\r\n    \r\nEx post facto laws--Impairment of contract obligations--Privilege or immunity.\r\n\r\n
\r\n\r\n\r\n13.\r\n    \r\nPrivate property not taken without just compensation--Benefit to owner--Fee in\r\nhighways.\r\n\r\n
\r\n\r\n\r\n14.\r\n    \r\nResident aliens' property rights.\r\n\r\n
\r\n\r\n\r\n15.\r\n    \r\nImprisonment for debt.\r\n\r\n
\r\n\r\n\r\n16.\r\n    \r\nMilitary subordinate to civil power--Quartering of soldiers.\r\n\r\n
\r\n\r\n\r\n17.\r\n    \r\nTaxation without consent--Uniformity.\r\n\r\n
\r\n\r\n\r\n18.\r\n    \r\nEqual privileges or immunities.\r\n\r\n
\r\n\r\n\r\n19.\r\n    \r\nFree and equal elections--Right of suffrage--Soldier voting.\r\n\r\n
\r\n\r\n\r\n20.\r\n    \r\nCourts open--Remedy for injury.\r\n\r\n
\r\n\r\n\r\n21.\r\n    \r\nSuspension of laws prohibited.\r\n\r\n
\r\n\r\n\r\n22.\r\n    \r\nAttainder by Legislature prohibited.\r\n\r\n
\r\n\r\n\r\n23.\r\n    \r\nExcessive bail or fines--Cruel punishments.\r\n\r\n
\r\n\r\n\r\n24.\r\n    \r\nRight to bear arms.\r\n\r\n
\r\n\r\n\r\n25.\r\n    \r\nTreason.\r\n\r\n
\r\n\r\n\r\n26.\r\n    \r\nPower inherent in people--Alteration in form of government--Inseparable part of\r\nUnion.\r\n\r\n
\r\n\r\n\r\n27.\r\n    \r\nMaintenance of free government--Fundamental principles.\r\n\r\n
\r\n\r\n\r\n28.\r\n    \r\nRight to vote by secret ballot.\r\n\r\n
\r\n\r\n\r\n29.\r\n    \r\nRights of crime victim.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 1.\r\n \r\n\r\n\r\nInherent rights.\r\n \r\nAll men are born equally free and independent, and have certain\r\ninherent rights, among which are those of enjoying and defending life and liberty, of acquiring\r\nand protecting property and the pursuit of happiness. To secure these rights governments are\r\ninstituted among men, deriving their just powers from the consent of the governed.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 2.\r\n \r\n\r\n\r\nDue process--Right to work.\r\n \r\nNo person shall be deprived of life, liberty or property\r\nwithout due process of law. The right of persons to work shall not be denied or abridged on\r\naccount of membership or nonmembership in any labor union, or labor organization.
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\r\n\r\n\r\n History: Amendment proposed by SL 1945, ch 315, approved Nov., 1946.\r\n\r\n

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§ 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.

History: Amendment proposed by SL 2023, ch 2, § 12, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 4.\r\n \r\n\r\n\r\nRight of petition and peaceable assembly.\r\n \r\nThe right of petition, and of the people\r\npeaceably to assemble to consult for the common good and make known their opinions, shall\r\nnever be abridged.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 5.\r\n \r\n\r\n\r\nFreedom of speech--Truth as defense--Jury trial.\r\n \r\nEvery person may freely speak,\r\nwrite and publish on all subjects, being responsible for the abuse of that right. In all trials for\r\nlibel, both civil and criminal, the truth, when published with good motives and for justifiable\r\nends, shall be a sufficient defense. The jury shall have the right to determine the fact and the law\r\nunder the direction of the court.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 6.\r\n \r\n\r\n\r\nJury trial--Reduced jury--Three-fourths vote.\r\n \r\nThe right of trial by jury shall remain\r\ninviolate and shall extend to all cases at law without regard to the amount in controversy, but the\r\nLegislature may provide for a jury of less than twelve in any court not a court of record and for\r\nthe decision of civil cases by three-fourths of the jury in any court.

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§ 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; amendment proposed by SL 2023, ch 2, § 13, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 8.\r\n \r\n\r\n\r\nRight to bail--Habeas corpus.\r\n \r\nAll persons shall be bailable by sufficient sureties,\r\nexcept for capital offenses when proof is evident or presumption great. The privilege of the writ\r\nof habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public\r\nsafety may require it.

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§ 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.

History: Amendment proposed by SL 2023, ch 2, § 14, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 10.\r\n \r\n\r\n\r\nIndictment or information--Modification or abolishment of grand jury.\r\n \r\nNo person\r\nshall be held for a criminal offense unless on the presentment or indictment of a grand jury, or\r\ninformation of the public prosecutor, except in cases of impeachment, in cases cognizable by\r\ncounty courts, by justices of the peace, and in cases arising in the army and navy, or in the militia\r\nwhen in actual service in time of war or public danger: provided, that the grand jury may be\r\nmodified or abolished by law.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 11.\r\n \r\n\r\n\r\nSearch and seizure.\r\n \r\nThe right of the people to be secure in their persons, houses,\r\npapers and effects, against unreasonable searches and seizures shall not be violated, and no\r\nwarrant shall issue but upon probable cause supported by affidavit, particularly describing the\r\nplace to be searched and the person or thing to be seized.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 12.\r\n \r\n\r\n\r\nEx post facto laws--Impairment of contract obligations--Privilege or immunity.\r\n \r\nNo\r\nex post facto law, or law impairing the obligation of contracts or making any irrevocable grant of\r\nprivilege, franchise or immunity, shall be passed.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 13.\r\n \r\n\r\n\r\nPrivate property not taken without just compensation--Benefit to owner--Fee in\r\nhighways.\r\n \r\nPrivate property shall not be taken for public use, or damaged, without just\r\ncompensation, which will be determined according to legal procedure established by the\r\nLegislature and according to § 6 of this article. No benefit which may accrue to the owner as the\r\nresult of an improvement made by any private corporation shall be considered in fixing the\r\ncompensation for property taken or damaged. The fee of land taken for railroad tracks or other\r\nhighways shall remain in such owners, subject to the use for which it is taken.
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\r\n\r\n\r\n History: Amendment proposed by SL 1961, ch 297, approved Nov. 6, 1962; amendment\r\nproposed by SL 1989, ch 3, rejected November 6, 1990.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 14.\r\n \r\n\r\n\r\nResident aliens' property rights.\r\n \r\nNo distinction shall ever be made by law between\r\nresident aliens and citizens, in reference to the possession, enjoyment or descent of property.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 15.\r\n \r\n\r\n\r\nImprisonment for debt.\r\n \r\nNo person shall be imprisoned for debt arising out of or\r\nfounded upon a contract.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 16.\r\n \r\n\r\n\r\nMilitary subordinate to civil power--Quartering of soldiers.\r\n \r\nThe military shall be in\r\nstrict subordination to the civil power. No soldier in time of peace shall be quartered in any house\r\nwithout consent of the owner, nor in time of war except in the manner prescribed by law.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 17.\r\n \r\n\r\n\r\nTaxation without consent--Uniformity.\r\n \r\nNo tax or duty shall be imposed without the\r\nconsent of the people or their representatives in the Legislature, and all taxation shall be equal\r\nand uniform.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 18.\r\n \r\n\r\n\r\nEqual privileges or immunities.\r\n \r\nNo law shall be passed granting to any citizen, class\r\nof citizens or corporation, privileges or immunities which upon the same terms shall not equally\r\nbelong to all citizens or corporations.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 19.\r\n \r\n\r\n\r\nFree and equal elections--Right of suffrage--Soldier voting.\r\n \r\nElections shall be free\r\nand equal, and no power, civil or military, shall at any time interfere to prevent the free exercise\r\nof the right of suffrage. Soldiers in time of war may vote at their post of duty in or out of the\r\nstate, under regulations to be prescribed by the Legislature.

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§ 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.

History: Amendment proposed by SL 2023, ch 2, § 15, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 21.\r\n \r\n\r\n\r\nSuspension of laws prohibited.\r\n \r\nNo power of suspending laws shall be exercised,\r\nunless by the Legislature or its authority.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 22.\r\n \r\n\r\n\r\nAttainder by Legislature prohibited.\r\n \r\nNo person shall be attainted of treason or\r\nfelony by the Legislature.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 23.\r\n \r\n\r\n\r\nExcessive bail or fines--Cruel punishments.\r\n \r\nExcessive bail shall not be required,\r\nexcessive fines imposed, nor cruel punishments inflicted.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 24.\r\n \r\n\r\n\r\nRight to bear arms.\r\n \r\nThe right of the citizens to bear arms in defense of themselves\r\nand the state shall not be denied.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 25.\r\n \r\n\r\n\r\nTreason.\r\n \r\nTreason against the state shall consist only in levying war against it, or in\r\nadhering to its enemies, or in giving them aid and comfort. No person shall be convicted of\r\ntreason unless on the testimony of two witnesses to the same overt act or confession in open\r\ncourt.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 26.\r\n \r\n\r\n\r\nPower inherent in people--Alteration in form of government--Inseparable part of\r\nUnion.\r\n \r\nAll political power is inherent in the people, and all free government is founded on their\r\nauthority, and is instituted for their equal protection and benefit, and they have the right in lawful\r\nand constituted methods to alter or reform their forms of government in such manner as they may\r\nthink proper. And the state of South Dakota is an inseparable part of the American Union and the\r\nConstitution of the United States is the supreme law of the land.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 27.\r\n \r\n\r\n\r\nMaintenance of free government--Fundamental principles.\r\n \r\nThe blessings of a free\r\ngovernment can only be maintained by a firm adherence to justice, moderation, temperance,\r\nfrugality and virtue and by frequent recurrence to fundamental principles.

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\r\n \r\n§ 28.\r\n \r\n\r\n\r\nRight to vote by secret ballot.\r\n \r\nThe rights of individuals to vote by secret ballot is\r\nfundamental. If any state or federal law requires or permits an election for public office, for any\r\ninitiative or referendum, or for any designation or authorization of employee representation, the right\r\nof any individual to vote by secret ballot shall be guaranteed.
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\r\n\r\n\r\n History: Amendment proposed by SL 2010, ch 1, § 2, approved Nov. 2, 2010.\r\n\r\n

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\r\n \r\n§ 29.\r\n \r\n\r\n\r\nRights of crime victim.\r\n \r\nA victim shall have the following rights:
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\r\n1. The right to due process and to be treated with fairness and respect for the victim's dignity;
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\r\n2. The right to be free from intimidation, harassment and abuse;
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\r\n3. The right to be reasonably protected from the accused and any person acting on behalf of the\r\naccused;
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\r\n4. The right to have the safety and welfare of the victim and the victim's family considered when\r\nsetting bail or making release decisions;
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\r\n5. The right, upon request, to prevent the disclosure to the public, or the defendant or anyone\r\nacting on behalf of the defendant in the criminal case, of information or records that could be used\r\nto locate or harass the victim or the victim's family, or which could disclose confidential or\r\nprivileged information about the victim, and to be notified of any request for such information or\r\nrecords. This does not limit law enforcement from sharing information with the public for the\r\npurposes of enlisting the public's help in solving a crime;
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\r\n6. The right, upon request, to privacy, which includes the right to refuse an interview, deposition\r\nor other discovery request, and to set reasonable conditions on the conduct of any such interaction\r\nto which the victim consents;
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\r\n7. The right, upon request, to reasonable, accurate and timely notice of, and to be present at, all\r\nproceedings involving the criminal or delinquent conduct, including release, plea, sentencing,\r\nadjudication and disposition, and any proceeding during which a right of the victim is implicated;
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\r\n8. The right, upon request, to be promptly notified of any release or escape of the accused;
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\r\n9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication,\r\ndisposition or parole, and any proceeding during which a right of the victim is implicated;
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\r\n10. The right, upon request, to confer with the attorney for the government;
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\r\n11. The right to provide information regarding the impact of the offender's conduct on the victim\r\nand the victim's family to the individual responsible for conducting any pre-sentence or disposition\r\ninvestigation or compiling any pre-sentence investigation report or plan of disposition, and to have\r\nany such information considered in any sentencing or disposition recommendations;
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\r\n12. The right, upon request, to receive a copy of any pre-sentence report or plan of disposition,\r\nand any other report or record relevant to the exercise of a victim's right, except for those portions\r\nmade confidential by law;
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\r\n13. The right, upon request, to the prompt return of the victim's property when no longer needed\r\nas evidence in the case;
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\r\n14. The right to full and timely restitution in every case and from each offender for all losses\r\nsuffered by the victim as a result of the criminal conduct and as provided by law for all losses\r\nsuffered as a result of delinquent conduct;
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\r\n15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion\r\nof the case and any related post-judgment proceedings;
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\r\n16. The right, upon request, to be informed of the conviction, adjudication, sentence, disposition,\r\nplace and time of incarceration, detention or other disposition of the offender, any scheduled release\r\ndate of the offender, and the release of or the escape by the offender from custody;
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\r\n17. The right, upon request, to be informed in a timely manner of all post-judgment processes\r\nand procedures, to participate in such processes and procedures, to provide information to the release\r\nauthority to be considered before any release decision is made, and to be notified of any release\r\ndecision regarding the offender. Any parole authority shall extend the right to be heard to any person\r\nharmed by the offender;
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\r\n18. The right, upon request, to be informed in a timely manner of clemency and expungement\r\nprocedures, to provide information to the Governor, the court, any clemency board and other\r\nauthority in these procedures, and to have that information considered before a clemency or\r\nexpungement decision is made, and to be notified of such decision in advance of any release of the\r\noffender; and\r\n

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\r\n19. The right to be informed of these rights, and to be informed that a victim can seek the advice\r\nof an attorney with respect to the victim's rights. This information shall be made available to the\r\ngeneral public and provided to each crime victim in what is referred to as a Marsy's Card.
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\r\nThe victim, the retained attorney of the victim, a lawful representative of the victim, or the\r\nattorney for the government, upon request of the victim, may assert and seek enforcement of the\r\nrights enumerated in this section and any other right afforded to a victim by law in any trial or\r\nappellate court, or before any other authority with jurisdiction over the case, as a matter of right. The\r\ncourt or other authority with jurisdiction shall act promptly on such a request, affording a remedy\r\nby due course of law for the violation of any right and ensuring that victims' rights and interests are\r\nprotected in a manner no less vigorous than the protections afforded to criminal defendants and\r\nchildren accused of delinquency. The reasons for any decision regarding the disposition of a victim's\r\nright shall be clearly stated on the record.
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\r\nThe granting of these rights to any victim shall ensure the victim has a meaningful role\r\nthroughout the criminal and juvenile justice systems and may not be construed to deny or disparage\r\nother rights possessed by victims. The Legislature, or the people by initiative or referendum, have\r\nthe authority to enact substantive and procedural laws to further define, implement, preserve, and\r\nprotect the rights guaranteed to victims by this section.
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\r\nAs used in this section, the term, victim, means a person against whom a crime or delinquent act\r\nis committed. In the case of a victim who is killed or incapacitated as a result of the crime or\r\ndelinquent act, or who is a minor, the term also includes any spouse, parent, child, sibling, or as\r\ndesignated by the court, grandparent, grandchild, or guardian. The term does not include the accused\r\nor a person whom the court finds would not act in the best interests of a deceased, incompetent,\r\nminor or incapacitated victim.
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\r\nNothing in this section or any law enacted under this section creates a cause of action for\r\ndamages against the state or any political subdivision of the state, or any officer, employee, or agent\r\nof the state or of any political subdivision of the state.
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\r\n\r\n\r\n History: SL 2017, ch 220 (Initiated Constitutional Amendment S) approved Nov. 8, 2016, eff. Nov.\r\n16, 2016. Amendment proposed by SL 2018, ch 2, § 2, approved June 5, 2018, eff. July 1, 2018.\r\n\r\n

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