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CONSTITUTION
OF THE
STATE OF LOUISIANA
PREAMBLE
We, the people of Louisiana, grateful to Almighty God for
the civil, political, economic, and religious liberties we
enjoy, and desiring to protect individual rights to life,
liberty, and property; afford opportunity for the fullest
development of the individual; assure equality of rights;
promote the health, safety, education, and welfare of the
people; maintain a representative and orderly government;
ensure domestic tranquility; provide for the common defense;
and secure the blessings of freedom and justice to ourselves
and our posterity, do ordain and establish this constitu-
tion.
ARTICLE I
DECLARATION OF RIGHTS
Sec. 1. All government, of right, originates with the people, is
founded on their will alone, and is instituted to protect
the rights of the individual and for the good of the whole.
Its only legitimate ends are to secure justice for all, pre-
serve peace, protect the rights, and promote the happiness
and general welfare of the people. The rights enumerated in
this Article are inalienable by the state and shall be pre-
served inviolate by the state.
Sec. 2. No person shall be deprived of life, liberty, or property,
except by due process of law.
Sec. 3. No person shall be denied the equal protection of the laws.
No law shall discriminate against a person because of race
or religious ideas, beliefs, or affiliations. No law shall
arbitrarily, capriciously, or unreasonably discriminate
against a person because of birth, age, sex, culture, phys-
ical condition, or political ideas or affiliations. Slavery
and involuntary servitude are prohibited, except in the
latter case as punishment for crime.
Sec. 4. Every person has the right to acquire, own, control, use,
enjoy, protect, and dispose of private property. The right
is subject to reasonable statutory restrictions and the
reasonable exercise of the police power.
Property shall not be taken or damaged by the state or its
political subdivisions except for public purposes and with
just compensation paid to the owner or into court for his
benefit. Property shall not be taken or damaged by any pri-
vate entity authorized by law to expropriate, except for a
public and necessary purpose and with just compensation paid
to the owner; in such proceedings, whether the purpose is
public and necessary shall be a judicial question. In every
expropriation, a party has a right to trial by jury to de-
termine compensation, and the owner shall be compensated to
the full extent of his loss. No business enterprise or any
of its assets shall be taken for the purpose of operating
that enterprise or halting competition with a government
enterprise. However, a municipality may expropriate a util-
ity within its jurisdiction. Personal effects, other than
contraband, shall never be taken.
This Section shall not apply to appropriation of property
necessary for levee and levee drainage purposes.
Sec. 5. Every person shall be secure in his person, property, com-
munications, houses, papers, and effects against unreason-
able searches, seizures, or invasions of property. No war-
rant shall issue without probable cause supported by oath or
affirmation, and particularly describing the place to be
searched, the persons or things to be seized, and the lawful
purpose or reason for the search. Any person adversely af-
fected by a search or seizure conducted in violation of this
Sec. shall have standing to raise its illegality in the
appropriate court.
Sec. 6. No person shall be quartered in any house without the con-
sent of the owner or lawful occupant.
Sec. 7. No law shall curtail or restrain the freedom of speech or of
the press. Every person may speak, write, and publish his
sentiments on any subject, but is responsible for the abuse
of that freedom.
Sec. 8. No law shall be enacted respecting an establishment of reli-
gion or prohibiting the free exercise thereof.
Sec. 9. No law shall impair the right of any person to assemble
peaceably or to petition government for a redress of griev-
ances.
Sec. 10. Every citizen of the state, upon reaching the age of (18)
eighteen years of age, shall have the right to register and
vote, except that this right may be suspended while a person
is interdicted and judicially declared mentally incompetent
or is under an order of imprisonment for conviction of a
felony.
Sec. 11. The right of each citizen to keep and bear arms shall not be
abridged, but this provision shall not prevent the passage
of laws to prohibit the carrying of weapons concealed on the
person.
Sec. 12. In access to public areas, accommodations, and facilities,
every person shall be free from discrimination based upon
race, religion, or national ancestry and from arbitrary,
capricious, or unreasonable discrimination based on age,
sex, or physical condition.
Sec. 13. When any person has been arrested or detained in connection
with the investigation or commission of any offense, he
shall be advised fully of the reason for his arrest or de-
tention, his right to remain silent, his right against self
incrimination, his right to the assistance of counsel and,
if indigent, his right to court appointed counsel. In a
criminal prosecution, an accused shall be informed of the
nature and cause of the accusation against him. At each
stage of the proceedings, every person is entitled to as-
sistance of counsel of his choice, or appointed by the court
if he is indigent and charged with an offense punishable by
imprisonment. The legislature shall provide for a uniform
system for securing and compensating qualified counsel for
indigents.
Sec. 14. The right to a preliminary examination shall not be denied
in felony cases except when the accused is indicted by a
grand jury.
Sec. 15. Prosecution of a felony shall be initiated by indictment or
information, but no person shall be held to answer for a
capital crime or a crime punishable by life imprisonment
except on indictment by a grand jury. No person shall be
twice placed in jeopardy for the same offense, except on his
application for a new trial, when a mistrial is declared, or
when a motion in arrest of judgement is sustained.
Sec. 16. Every person charged with a crime is presumed innocent until
proven guilty and is entitled to a speedy, public, and im-
partial trial in the parish where the offense or an element
of the offense occurred, unless venue is changed in accord-
ance with law. No person shall be compelled to give evi-
dence against himself. An accused is entitled to confront
and cross examine the witnesses against him, to compel the
attendance of witnesses, to present a defense, and to tes-
tify in his own behalf.
Sec. 17. A criminal case in which the punishment may be capital shall
be tried before a jury of twelve persons, all of whom must
concur to render a verdict. A case in which the punishment
is necessarily confinement at hard labor shall be tried
before a jury of twelve persons, ten of whom must concur to
render a verdict. A case in which the punishment may be
confinement at hard labor or confinement without hard labor
for more than six months shall be tried before a jury of six
persons, five of whom must concur to render a verdict. The
accused shall have the right to full voir dire examination
of prospective jurors and to challenge jurors peremptorily.
The number of challenges shall be fixed by law. Except in
capital cases, a defendant may knowingly and intelligently
waive his right to a trial by jury.
Sec. 18. Excessive bail shall not be required. Before and during a
trial, a person shall be bailable by sufficient surety,
except when he is charged with a capital offense and the
proof is evident and the presumption of guilt is great.
After conviction and before sentencing, a person shall be
bailable if the maximum sentence which may be imposed is
imprisonment for five years or less; and the judge may grant
bail if the maximum sentence which may be imposed is
imprisonment exceeding five years. After sentencing and
until final judgement, a person shall be bailable if the
sentence actually imposed is five years or less; and the
judge may grant bail if the sentence actually imposed
exceeds imprisonment for five years.
Sec. 19. No person shall be subjected to imprisonment or forfeiture
of rights or property without the right to judicial review
based upon a complete record of all evidence upon which the
judgement is based. This right may be intelligently waived.
The cost of transcribing the record shall be paid as pro-
vided by law.
Sec. 20. No law shall subject any person to euthanasia, to torture,
or to cruel, excessive, or unusual punishment. Full rights
of citizenship shall be restored upon termination of state
and federal supervision following conviction for any of-
fense.
Sec. 21. The writ of habeas corpus shall not be suspended.
Sec. 22. All courts shall be open, and every person shall have an
adequate remedy by due process of law and justice, adminis-
tered without denial, partiality, or unreasonable delay, for
injury to him in his person, property, reputation, or other
rights.
Sec. 23. No bill of attainder, ex post facto law, or law impairing
the obligation of contracts shall be enacted.
Sec. 24. The enumeration in this constitution of certain rights shall
not deny or disparage other right retained by the individual
citizens of the state.
ARTICLE X
Sec. 30. Every official shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the
constitution of the United States and the constitution and
laws of this state and that I will faithfully and impartial-
ly discharge and perform all the duties incumbent upon me as
......., according to the best of my ability and understand-
ing, so help me God."