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903.MONTANA.TXT
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1994-02-11
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CONSTITUTION OF THE
STATE OF MONTANA
(As ratified to 1972)
PREAMBLE
We the people of Montana grateful to God for the quiet
beauty of our state, the grandeur of our mountains, the
vastness of our rolling plains, and desiring to improve the
quality of life, equality of opportunity and to secure the
blessings of liberty for this and future generations do
ordain and establish this constitution.
ARTICLE II
DECLARATION OF RIGHTS
Sec. 1. All political power is vested in and derived from the peo-
ple. All government of right originates with the people,
is founded upon their will only, and is instituted solely
for the good of the whole.
Sec. 2. The people have the exclusive right of governing themselves
as a free, sovereign, and independent state. They may alter
or abolish the constitution and form of government whenever
they deem it necessary.
Sec. 3. All persons are born free and have certain inalienable
rights. They include the right to a clean and healthful en-
vironment and the rights of pursuing life's basic necess-
ities, enjoying and defending their lives and liberties,
acquiring, possessing and protecting property, and seeking
their safety, health and happiness in all lawful ways. In
enjoying these rights, all persons recognize corresponding
responsibilities.
Sec. 4. The dignity of the human being is inviolable. No person
shall be denied the equal protection of the laws. Neither
the state nor any person, firm, corporation, or institution
shall discriminate against any person in the exercise of his
civil or political rights on account of race, color, sex,
culture, social origin or condition, or political or relig-
ious ideas.
Sec. 5. The state shall make no law respecting an establishment of
religion or prohibiting the free exercise thereof.
Sec. 6. The people shall have the right peaceably to assemble,
petition for redress or peaceably protest governmental
action.
Sec. 7. No law shall be passed impairing the freedom of speech or
expression. Every person shall be free to speak or publish
whatever he will on any subject, being responsible for all
abuse of that liberty. In all suits and prosecutions for
libel or slander the truth thereof may be given in evidence;
and the jury, under the direction of the court, shall deter-
mine the law and the facts.
Sec. 8. The public has a right to expect governmental agencies to
afford such reasonable opportunity for citizens participa-
tion in the operation of the agencies prior to the final
decision as may be provided by law.
Sec. 9. No person shall be deprived of the right to examine docu-
ments or to observe the deliberations of all public bodies
or agencies of state government and its subdivisions, except
in cases in which the demand of individual privacy clearly
exceeds the merits of public disclosure.
Sec. 10. The right of individual privacy is essential to the well-
being of a free society and shall not be infringed without
the showing of a compelling state interest.
Sec. 11. The people shall be secure in their houses, persons, papers
homes and effects from unreasonable searches and seizures.
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, or without probable cause,
supported by oath or affirmation reduced to writing.
Sec. 12. The right of any person to keep or bear arms in defense of
his own home, person, and property, or in aid of the civil
power when thereto legally summoned, shall not be called in
question, but nothing herein contained shall be held to
permit the carrying of concealed weapons.
Sec. 13. 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 to suffrage.
Sec. 14. A person 18 years of age or older is an adult for all pur-
poses.
Sec. 15. The rights of persons under 18 years of age shall include,
but not be limited to, all the fundamental rights of this
Article unless specifically precluded by laws which enhance
the protection of such persons.
Sec. 16. Courts of justice shall be open to every person, and speedy
remedy afforded for every injury of person, property, or
character. No person shall be deprived of this full legal
redress for injury incurred in employment for which another
person may be liable except as to fellow employees and his
immediate employer who hired him if such immediate employer
provides coverage under the Workmen's Compensation Laws of
this state. Right and justice shall be administered without
sale, denial, or delay.
Sec. 17. No person shall be deprived of life, liberty, or property
without due process of law.
Sec. 18. The state, counties, cities, towns, and all other local gov-
ernmental entities shall have no immunity from suit for in-
jury to a person or property. This provision shall apply
only to causes of action arising after July 1, 1973.
Sec. 19. The privilege of the writ of habeas corpus shall never be
suspended.
Sec. 20. (1) Criminal offenses within the jurisdiction of any court
inferior to the district court shall be prosecuted by com-
plaint. All criminal actions in district court, except those
on appeal, shall be prosecuted either by information, after
examination and commitment by a magistrate or after leave
granted by the court, or by indictment without such examin-
ation, commitment or leave.
(2) A grand jury shall consist of eleven persons, of whom
eight must concur to find an indictment. A grand jury shall
be drawn and summoned only at the discretion and order of
the district judge.
Sec. 21. All persons shall be bailable by sufficient sureties, except
for capital offenses, when the proof is evident or the pre-
sumption great.
Sec. 22. Excessive bail shall not be required, or excessive fines
imposed, or cruel and unusual punishments inflicted.
Sec 23. No person shall be imprisoned for the purpose of securing
his testimony in any criminal proceeding longer than may be
necessary in order to take his deposition. If he can give
security for his appearance at the time of trial, he shall
be discharged upon giving the same; if he cannot give se-
curity, his deposition shall be taken in the manner pre-
scribed by law, and in the presence, if they shall fail to
attend the examination after reasonable notice of the time
and place thereof.
Sec. 24. In all criminal prosecutions the accused shall have the
right to appear 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, subject
to the right of the state to have a change of venue for any
of the causes for which the defendant may obtain the same.
Sec. 25. No person shall be compelled to testify against himself in a
criminal proceeding. No person shall be again put in jeopar-
dy for the same offense previously tried in any jurisdic-
tion.
Sec. 26. The right of trial by jury is secured to all and shall
remain inviolate. But upon default of appearance or by
consent of the parties expressed in such manner as the law
may provide, all cases may be tried without a jury or before
fewer than the number of jurors provided by law. In all
civil actions, two-thirds of the jury may render a verdict,
and a verdict so rendered shall have the same force and
effect as if all had concurred therein. In all criminal
actions, the verdict shall be unanimous.
Sec. 27. No person shall be imprisoned for debt except in the manner
provided by law, upon refusal to deliver up his estate for
the benefit of his creditors, or in cases of tort, where
there is strong presumption of fraud.
Sec. 28. Laws for the punishment for crime shall be founded on the
principles of prevention and reformation. Full rights are
restored by termination of state supervision for any offense
against the state.
Sec. 29. Private property shall not be taken or damaged for public
use without just compensation to the full extent of the
loss having been first made to or paid into court for the
owner. In the event of litigation, just compensation
shall include necessary expenses of litigation to be awarded
by the court when the private property owner prevails.
Sec. 30. Treason against the State shall consist only in levying
war against it, or adhering to its enemies, giving them
aid and comfort; no person shall be convicted of treason
except on the testimony of two witnesses to the same overt
act, or on his confession in open court; no person shall be
attainted of treason or felony by the legislature; no con-
viction shall cause the loss of property to the relatives or
heirs of the convicted. The estates of suicides shall des-
cend or vest as in cases of natural death.
Sec. 31. No ex post facto law nor any law impairing the obligation of
contracts, or making any irrevocable grant or special priv-
ileges, franchises, or immunities, shall be passed by the
legislature.
Sec. 32. The military shall always be in strict subordination to the
civil power; no soldier shall in time of peace be quartered
in any house without the consent of the owner, nor in time
of war, except in the manner prescribed by law.
Sec. 33. No armed person or persons or armed body of men shall be
brought into this state for the preservation of the peace,
or the suppression of domestic violence, except upon the
application of the legislature, or of the governor when the
legislature cannot be convened.
Sec. 34. The enumeration in this constitution of certain rights shall
not be construed to deny, impair, or disparage others re-
tained by the people.
Sec. 35. The people declare that Montana servicemen, servicewomen,
and veterans may be given special considerations determined
by the legislature.