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COLORADO BILL OF RIGHTS
(Article II of the 1876 Constitution of Colorado)
As revised to 1975
ARTICLE II
BILL OF RIGHTS
In order to assert our rights, acknowledge our duties, and
proclaim the principles upon which our government is
founded, we declare:
Sec. 1. All political power is vested in and derived from the peo-
ple; that all government of right, originates from the peo-
ple, is founded upon their will only, and is instituted
solely for the good of the whole.
Sec. 2. The people of this state have the sole and exclusive right
of governing themselves, as a free sovereign and independent
state; and to alter and abolish their constitution and form
of government whenever they may deem it necessary to their
safety and happiness; provided, such change be not repugnant
to the constitution of the United States.
Sec. 3. All persons have certain natural, essential and inalienable
rights, among which may be reckoned the right of enjoying
and defending their lives and liberties; of acquiring,
possessing and protecting property; and of seeking and
obtaining their safety and happiness.
Sec. 4. The free exercise and enjoyment of religious profession and
worship, without discrimination, shall forever hereafter be
guaranteed; and no person shall be denied any civil or
political right, privilege or capacity, on account of his
opinions concerning religion; but the liberty of conscience
here by secured shall not be construed to dispense with
oaths or affirmations, excuse acts of licentiousness or
justify practices inconsistent with the good order, peace or
safety of the state.
Sec. 5. All elections shall be free and open; and no power, civil or
military, shall at any time interfere to prevent the free
exercise of the right of suffrage.
Sec. 6. Courts of justice shall be open to every person, and a
speedy remedy afforded for every injury to person, property
or character; and right and justice should be administered
without sale, denial or delay.
Sec. 7. The people shall be secure in their persons, papers, homes
and effects, from unreasonable searches and seizures; and no
warrant to search any place or seize any person or thing
shall issue without describing the place to be searched, or
the person or thing to be seized, as near as may be, nor
without probable cause, supported by oath or affirmation
reduced to writing.
Sec. 8. Until otherwise provided by law, no person shall, for a
felony, be proceeded against criminally otherwise than by
indictment, except in cases arising in the land or naval
forces, or in the militia when in actual service in time of
war or public danger. In all other cases, offenses shall be
prosecuted criminally by indictment or information.
Sec. 9. Treason against the state can consist only in levying war
against it or in adhering to its enemies, giving them aid
and comfort; no person can be convicted of treason, unless
on the testimony of two witnesses to the same overt act, or
on his confession in open court; no person can be attainted
of treason or felony by the general assembly; no conviction
can work corruption of blood or forfeiture of estate; the
estates of such persons as may destroy their own lives shall
descend or vest as in cases of natural death.
Sec. 10. No law shall be passed impairing the freedom of speech;
every person shall be free to speak, write or publish what-
ever he will on any subject, being responsible for all abuse
of that liberty; and in all suits and prosecutions for libel
the truth thereof may be given in evidence, and the jury,
under the direction of the court, shall determine the law
and the fact.
Sec. 11. No ex post facto law, nor law impairing the obligation of
contracts, or retrospective in its operation, or making any
irrevocable grant of special privileges, franchises or im-
munities, shall be passed by the general assembly.
Sec. 12. No person shall be imprisoned for debt, unless upon refusal
to deliver up his estate for the benefit of tort or where
there is a strong presumption of fraud.
Sec. 13. The right of no person to keep and bear arms in defense of
his home, person and property, or in aid of the civil power
when thereto legally summoned, shall be called in question;
but nothing herein contained shall be construed to justify
the practice of carrying concealed weapons.
Sec. 14. Private property shall not be taken for private use unless
by consent of the owner, except for private ways of necess-
ity, and except for reservoirs, drains, flumes or ditches on
or across the lands of others, for agricultural, mining,
milling, domestic or sanitary purposes.
Sec. 15. Private property shall not be taken or damaged, for public
or private use, without just compensation. Such compensa-
tion shall be ascertained by a board of commissioners of not
less than three freeholders, or by a jury, when required by
the owner of the property, in such manner as may be pre-
scribed by law, and until the same shall be paid to the
owner, or into court for the owner, the property shall not
be needlessly disturbed, or the proprietary rights of the
owner therein divested; and whenever an attempt is made to
take private property for a use alleged to be public, the
question whether the contemplated use be really public shall
be a judicial question, and determined as such without
regard to any legislative assertion that the use is public.
Sec. 16. In criminal prosecutions the accused shall have the right to
appear and defend in person and by counsel; to demand the
nature and cause of the accusation; to meet the witnesses
against him face to face; to have process to compel the
attendance of witnesses in his behalf, and a speedy public
trial by an impartial jury of the county or district in
which the offense is alleged to have been committed.
Sec. 17. No person shall be imprisoned for the purpose of securing
his testimony in any case longer than may be necessary in
order to take his deposition. If he can give security he
shall be discharged; if he cannot give security his depo-
sition shall be taken by some judge of the supreme, district
or county court, at the earliest time he can attend, at some
convenient place by him appointed for that purpose, of which
time and place the accused and the attorney prosecuting for
the people shall have reasonable notice. The accused shall
have the right to appear in person and by counsel. If he
have no counsel, the judge shall assign him one in that be-
half only. On the completion of such examination the witness
shall be discharged on his own recognizance, entered into
before said judge, but such deposition shall not be used if
in the opinion of the court the personal attendance of the
witness might be procured by the prosecution or is procured
by the accused. No exception shall be taken to such deposi-
tion as to matters of form.
Sec. 18. No person shall be compelled to testify against himself in a
criminal case nor shall any person be twice put in jeopardy
for the same offense. If the jury disagree, or if the judg-
ment be arrested after the verdict, or if the judgment be
reversed for error in law, the accused shall not be deemed
to have been in jeopardy.
Sec. 19. All persons shall be bailable by sufficient sureties except
for capital offenses, when the proof is evident or the pre-
sumption great.
Sec. 20. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Sec. 21. The privilege of the writ of habeas corpus shall never be
suspended, unless when in case of rebellion or invasion, the
public safety may require it.
Sec. 22. The military shall always be in strict subordination to the
civil power; no soldier shall, in time of peace, be quarter-
ed in any house without the consent of the owner, nor in
time of war except in the manner prescribed by law.
Sec. 23. The right of trial by jury shall remain inviolate in crimi-
nal cases; but a jury in civil cases in all courts, or in
criminal cases in courts not of record, may consist of less
than twelve persons, as may be prescribed by law. Hereafter
a grand jury shall consist of twelve persons, any nine of
whom concurring may find an indictment; provided, the gener-
al assembly may change, regulate or abolish the grand jury
system; and provided, further, the right of any person to
serve on any jury shall not be denied or abridged on account
of sex, and the general assembly may provide by law for the
exemption from jury service of persons or classes of persons
Sec. 24. The people have the right peaceably to assemble for the com-
mon good, and to apply to those in vested with the powers
of government for redress of grievances, by petition or
remonstrance.
Sec. 25. No person shall be deprived of life, liberty or property,
without due process of law.
Sec. 26. **
Sec. 27. Aliens, who are or may hereafter become bona fide residents
of this state, may acquire, inherit, possess, enjoy and dis-
pose of property, real and personal, as native born citizens
Sec. 28. The enumeration in this constitution of certain rights shall
not be construed to deny, impair or disparage others retain-
ed by the people.
Sec. 29. Equality of rights under the law shall not be denied or
abridged by the state of Colorado, or any of its political
subdivisions on account of sex.