Archive for the ‘Article 1 - Bill of Rights’ Category
Tuesday, April 8th, 2008
Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, completely and promptly.
Any rights under this Constitution are enforceable without action by the General Assembly, but the General Assembly by law may provide additional remedies for their violation. However, without other options provided the General Assembly, this section shall provide a cause of action for any injuries or wrongs to rights afforded under this Constitution which is the Supreme Law of the State of Illinois.
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Tuesday, April 8th, 2008
The interest of parents in the care, custody, and control of their children–is perhaps the oldest of the fundamental liberty interests recognized by this nation and the courts. Accordingly, the rights of parents to raise their children according to their own values coupled with the solemn duty to do so properly shall not be infringed without a clear and convincing showing of eminent or actual harm to the child.
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Tuesday, April 8th, 2008
The right of the individual citizen to keep and bear arms shall not be infringed. Reasonable regulation of licensing and for public safety shall not be considered an infringement of the right to bear arms.
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Tuesday, April 8th, 2008
No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
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Tuesday, April 8th, 2008
All persons may speak, write and publish freely, being responsible for the abuse of that liberty. In trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.
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Tuesday, April 8th, 2008
The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.
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Tuesday, April 8th, 2008
The people have the right to assemble in a peaceable manner, to consult for the common good, to make known their opinions to their representatives and to apply for redress of grievances. The people have the right to associate with any group they so choose and shall not be compelled to be a member of any group under the color of law.
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Tuesday, April 8th, 2008
The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.
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Tuesday, April 8th, 2008
No person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine or by imprisonment other than in the penitentiary, in cases of impeachment, and in cases arising in the militia when in actual service in time of war or public danger.
No person shall be held to answer for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause.
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Tuesday, April 8th, 2008
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 and have a copy thereof; to be confronted with the witnesses against him or her and to have process to compel the attendance of witnesses in his or her behalf; and to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.
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Tuesday, April 8th, 2008
(a) Crime victims, as defined by law, shall have the following rights as provided by law:
(1) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
(2) The right to notification of court proceedings.
(3) The right to communicate with the prosecution.
(4) The right to make a statement to the court at sentencing.
(5) The right to information about the conviction, sentence, imprisonment, and release of the accused.
(6) The right to timely disposition of the case following the arrest of the accused.
(7) The right to be reasonably protected from the accused throughout the criminal justice process.
(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial.
(9) The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim’s choice.
(10) The right to restitution.
(b) The General Assembly shall provide by law for the enforcement of this Section. Such enforcement shall include the right of the victim to initiate a cause of action against any government agency that fails to protect these rights.
(c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims’ rights.
(d) Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction or a ground for appellate relief in any criminal case.
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Tuesday, April 8th, 2008
All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person. The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when the public safety may require it. Any costs accruing to a unit of local government as a result of the denial of bail pursuant to the 1986 Amendment to this Section shall be reimbursed by the State to the unit of local government.
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Tuesday, April 8th, 2008
No person shall be compelled in a criminal case to give evidence against himself nor be twice put in jeopardy for the same offense.
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Tuesday, April 8th, 2008
All penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship. No conviction shall work corruption of blood or forfeiture of estate. No person shall be transported out of the State for an offense committed within the State.
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Tuesday, April 8th, 2008
The right of trial by jury as heretofore enjoyed shall remain inviolate.
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Tuesday, April 8th, 2008
No person shall be imprisoned for debt unless he refuses to deliver up his estate for the benefit of his creditors as provided by law or unless there is a strong presumption of fraud. No person shall be imprisoned for failure to pay a fine in a criminal case unless he has been afforded adequate time to make payment, in installments if necessary, and has willfully failed to make payment.
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Tuesday, April 8th, 2008
(a) Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
(b) For the purposes of this section, the burden of proof shall be on the government agency initiating an eminent domain action.
(c) For the purposes of this section, Property owners shall be entitled to a jury trial to determine a finding that a property constitutes “blight,” or any other similar description.
(d) Definitions pertaining to this section;
(1)”Public use” shall be defined as resulting in public ownership for an express public purpose. Enhancement of revenues for government agencies shall be insufficient as a “public use.”
(2)“Damaged” shall include any substantial diminution of value through regulation by a government agency.
(e) Only real property may be taken via eminent domain action and any property so taken must be held by the governing body for a period of no less than 50 years before which it cannot be transferred, sold or leased to any private body.
(f) Just compensation shall be computed by a jury on the real property by determining the fair market value of the property before eminent domain action was contemplated and adding 10% to cover relocation costs. If the eminent domain action takes over 12 months to complete, a jury shall also add in inflation and a reasonable estimate of appreciation of the market value for the time it takes to complete such action.
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Tuesday, April 8th, 2008
No ex post facto law, or law impairing the obligation of contracts or making an irrevocable grant of special privileges or immunities, shall be passed.
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Tuesday, April 8th, 2008
All persons shall have the right to be free from discrimination on the basis of race, color, creed, gender, or national ancestry in the hiring and promotion practices of any employer or in the sale or rental of property.
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Tuesday, April 8th, 2008
All persons with a physical or mental handicap shall be free from discrimination in the sale or rental of property and shall be free from discrimination unrelated to ability in the hiring and promotion practices of any employer. Nothing in this shall be construed as a mandate for a property owner to improve an existing property
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Tuesday, April 8th, 2008
No soldier in time of peace shall be quartered in a house without the consent of the owner; nor in time of war except as provided by law.
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Tuesday, April 8th, 2008
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State.
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