OREGON CONSTITUTION
ARTICLE I
BILL OF RIGHTS
Art. I §1 | NATURAL RIGHTS INHERENT IN PEOPLE
Art. I §2 | FREEDOM OF WORSHIP
Art. I §3 | FREEDOM OF RELIGIOUS OPINION
Art. I §4 | NO RELIGIOUS QUALIFICATION FOR OFFICE
Art. I §5 | NO MONEY TO BE APPROPRIATED FOR RELIGION
Art. I §6 | NO RELIGIOUS TEST FOR WITNESSES OR JURORS
Art. I §7 | MANNER OF ADMINISTERING OATH OR AFFIRMATION
Art. I §8 | FREEDOM OF SPEECH AND PRESS
Art. I §9 | UNREASONABLE SEARCHES OR SEIZURES
Art. I §10 | ADMINISTRATION OF JUSTICE
Art. I §11 | RIGHTS OF ACCUSED IN CRIMINAL PROSECUTION
Notes
Art. I §12 | DOUBLE JEOPARDY; COMPULSORY SELF-INCRIMINATION
Art. I §13 | TREATMENT OF ARRESTED OR CONFINED PERSONS
Art. I §14 | BAILABLE OFFENSES
Art. I §15 | FOUNDATION PRINCIPLES OF CRIMINAL LAW
Art. I §16 | EXCESSIVE BAIL AND FINES; CRUEL AND UNUSUAL PUNISHMENTS; POWER OF JURY IN CRIMINAL CASE
Art. I §17 | JURY TRIAL IN CIVIL CASES
Art. I §18 | PRIVATE PROPERTY OR SERVICES TAKEN FOR PUBLIC USE
Art. I §19 | IMPRISONMENT FOR DEBT
Art. I §20 | EQUALITY OF PRIVILEGES AND IMMUNITIES OF CITIZENS
Art. I §21 | EX-POST FACTO LAWS; LAWS IMPAIRING CONTRACTS; LAWS DEPENDING ON AUTHORIZATION IN ORDER TO TAKE EFFECT; LAWS SUBMITTED TO ELECTORS
Art. I §22 | SUSPENSION OF OPERATION OF LAWS
Art. I §23 | HABEAS CORPUS
Art. I §24 | TREASON
Art. I §25 | CORRUPTION OF BLOOD OR FORFEITURE OF ESTATE
Art. I §26 | ASSEMBLAGES OF PEOPLE; INSTRUCTION OF REPRESENTATIVES; APPLICATION TO LEGISLATURE
Art. I §27 | RIGHT TO BEAR ARMS; MILITARY SUBORDINATE TO CIVIL POWER
Art. I §28 | QUARTERING SOLDIERS
Art. I §29 | TITLES OF NOBILITY; HEREDITARY DISTINCTIONS
Art. I §30 | EMIGRATION
Art. I §31 | RIGHTS OF ALIENS; IMMIGRATION TO STATE
Art. I §32 | TAXES AND DUTIES; UNIFORMITY OF TAXATION
Art. I §33 | ENUMERATION OF RIGHTS NOT EXCLUSIVE
Notes
Whereas the Constitution's prohibition on slavery and involuntary servitude contains antiquated language that on its face creates an exception to the prohibition on slavery and involuntary servitude; and
Whereas in a just society that respects human dignity and the exercise of free will, there must be no exception to an unqualified and absolute prohibition on slavery and involuntary servitude; and
Whereas Oregon and the United States are examining past instances of discrimination and are striving to undo foundational and historical barriers that perpetuate the injustice and unfairness of discrimination; and
Whereas a state constitution is a foundational element of governance in a civil society and therefore no place for remnants of historical language that perpetuates principles of discrimination and racial intolerance; and
Whereas the voters of this state recognized in adopting section 41, Article I, of the Oregon Constitution (section 41), that individuals who are convicted of a crime benefit from being fully engaged in productive activity so as to successfully re-enter society with practical skills and a viable work ethic; and
Whereas section 41 envisions persons who are incarcerated performing labor at correctional institutions or pursuant to work release programs, participating in training and participating in educational opportunities, all of which develop motivation, work capabilities and cooperation; and
Whereas section 41 authorizes compensation for labor and describes several types of jobs or related training that those who are incarcerated may perform; and
Whereas because work provides myriad individual and collective benefits, the purpose of this proposed constitutional amendment is not to withdraw legitimate opportunities to work from individuals who have been convicted of a crime; and
Whereas section 41 and this proposed constitutional amendment may operate in tandem to achieve positive outcomes for persons who are incarcerated or who re-enter society while more fully and completely removing the stain of slavery and involuntary servitude from this state; now, therefore,
Art. I §34 | PROHIBITION ON SLAVERY OR INVOLUNTARY SERVITUDE; PERMISSIBLE ALTERNATIVES TO INCARCERATION
(2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.
Art. I §35 | RESTRICTIONS ON RIGHTS OF CERTAIN PERSONS
Art. I §36 | LIQUOR PROHIBITION
Art. I §36x | CAPITAL PUNISHMENT ABOLISHED
Notes
Art. I §36a | PROHIBITION OF IMPORTATION OF LIQUORS
Art. I §37 | PENALTY FOR MURDER IN FIRST DEGREE
Art. I §38 | LAWS ABROGATED BY AMENDMENT ABOLISHING DEATH PENALTY REVIVED
Art. I §39 | SALE OF LIQUOR BY INDIVIDUAL GLASS
(2) Legislation relating to this matter shall operate uniformly throughout the state and all individuals shall be treated equally; and all provisions shall be liberally construed for the accomplishment of these purposes.
Art. I §40 | PENALTY FOR AGGRAVATED MURDER
Art. I §41 | WORK AND TRAINING FOR CORRECTIONS INSTITUTION INMATES; WORK PROGRAMS; LIMITATIONS; DUTIES OF CORRECTIONS DIRECTOR
(2) All inmates of state corrections institutions shall be actively engaged full-time in work or on-the-job training. The work or on-the-job training programs shall be established and overseen by the corrections director, who shall ensure that such programs are cost-effective and are designed to develop inmate motivation, work capabilities and cooperation. Such programs may include boot camp prison programs. Education may be provided to inmates as part of work or on-the-job training so long as each inmate is engaged at least half-time in hands-on training or work activity.
(3) Each inmate shall begin full-time work or on-the-job training immediately upon admission to a corrections institution, allowing for a short time for administrative intake and processing. The specific quantity of hours per day to be spent in work or on-the-job training shall be determined by the corrections director, but the overall time spent in work or training shall be full-time. However, no inmate has a legally enforceable right to a job or to otherwise participate in work, on-the-job training or educational programs or to compensation for work or labor performed while an inmate of any state, county or city corrections facility or institution. The corrections director may reduce or exempt participation in work or training programs by those inmates deemed by corrections officials as physically or mentally disabled, or as too dangerous to society to engage in such programs.
(4) There shall be sufficient work and training programs to ensure that every eligible inmate is productively involved in one or more programs. Where an inmate is drug and alcohol addicted so as to prevent the inmate from effectively participating in work or training programs, corrections officials shall provide appropriate drug or alcohol treatment.
(5) The intent of the people is that taxpayer-supported institutions and programs shall be free to benefit from inmate work. Prison work programs shall be designed and carried out so as to achieve savings in government operations, so as to achieve a net profit in private sector activities or so as to benefit the community.
(6) The provisions of this section are mandatory for all state corrections institutions. The provisions of this section are permissive for county or city corrections facilities. No law, ordinance or charter shall prevent or restrict a county or city governing body from implementing all or part of the provisions of this section. Compensation, if any, shall be determined and established by the governing body of the county or city which chooses to engage in prison work programs, and the governing body may choose to adopt any power or exemption allowed in this section.
(7) The corrections director shall contact public and private enterprises in this state and seek proposals to use inmate work. The corrections director may:
(b) purchase, acquire, install, maintain and operate materials, machinery and appliances necessary to the conduct and operation of such plants.
(8) Compensation, if any, for inmates who engage in prison work programs shall be determined and established by the corrections director. Such compensation shall not be subject to existing public or private sector minimum or prevailing wage laws, except where required to comply with federal law. Inmate compensation from enterprises entering into agreements with the state shall be exempt from unemployment compensation taxes to the extent allowed under federal law. Inmate injury or disease attributable to any inmate work shall be covered by a corrections system inmate injury fund rather than the workers compensation law. Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes:
(b) restitution or compensation to the victims of the particular inmate's crime;
(c) restitution or compensation to the victims of crime generally through a fund designed for that purpose;
(d) financial support for immediate family of the inmate outside the corrections institution; and
(e) payment of fines, court costs, and applicable taxes.
(10) Prison work products or services shall be available to any public agency and to any private enterprise of any state, any nation or any American Indian or Alaskan Native tribe without restriction imposed by any state or local law, ordinance or regulation as to competition with other public or private sector enterprises. The products and services of corrections work programs shall be provided on such terms as are set by the corrections director. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding for-profit prison work programs that produce goods or services offered for sale in the private sector if the establishment or expansion would displace or significantly reduce preexisting private enterprise. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding prison work programs if the establishment or expansion would displace or significantly reduce government or nonprofit programs that employ persons with developmental disabilities. However, the decision to establish, maintain, expand, reduce or terminate any prison work program remains in the sole discretion of the corrections director.
(11) Inmate work shall be used as much as possible to help operate the corrections institutions themselves, to support other government operations and to support community charitable organizations. This work includes, but is not limited to, institutional food production; maintenance and repair of buildings, grounds, and equipment; office support services, including printing; prison clothing production and maintenance; prison medical services; training other inmates; agricultural and forestry work, especially in parks and public forest lands; and environmental clean-up projects. Every state agency shall cooperate with the corrections director in establishing inmate work programs.
(12) As used throughout this section, unless the context requires otherwise: "full-time" means the equivalent of at least forty hours per seven day week, specifically including time spent by inmates as required by the Department of Corrections, while the inmate is participating in work or on-the-job training, to provide for the safety and security of the public, correctional staff and inmates; "corrections director" means the person in charge of the state corrections system.
(13) This section is self-implementing and supersedes all existing inconsistent statutes. This section shall become effective April 1, 1995. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect.
Notes
Note: An initiative petition (Measure No. 40, 1996) proposed adding a new section relating to crime victims' rights to the Oregon Constitution. That section, appearing as section 42 of Article I in previous editions of this Constitution, was declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998).
Art. I §42 | RIGHTS OF VICTIM IN CRIMINAL PROSECUTIONS AND JUVENILE COURT DELINQUENCY PROCEEDINGS
(b) The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender;
(c) The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state;
(d) The right to receive prompt restitution from the convicted criminal who caused the victim's loss or injury;
(e) The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared;
(f) The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and
(g) The right to be informed of these rights as soon as practicable.
(3)
(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.
(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.
(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant guaranteed by this Constitution or the Constitution of the United States.
(5) Upon the filing by the prosecuting attorney of an affidavit setting forth cause, a court shall suspend the rights established in this section in any case involving organized crime or victims who are minors.
(6) As used in this section:
(b) "Criminal defendant" includes an alleged youth offender in juvenile court delinquency proceedings.
(c) "Victim" means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor.
(d) "Violent felony" means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
Notes
Note: Sections 42, 43, 44 and 45, were added to Article I as unnumbered sections by the amendments proposed by House Joint Resolutions 87, 89, 90 and 94, 1999, and adopted by the people Nov. 2, 1999.
Art. I §43 | RIGHTS OF VICTIM AND PUBLIC TO PROTECTION FROM ACCUSED PERSON DURING CRIMINAL PROCEEDINGS; DENIAL OF PRETRIAL RELEASE
(b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.
(3) As used in this section:
(b) "Violent felony" means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
(b) Upon the victim's request, the prosecuting attorney, in the attorney's discretion, may assert and enforce a right established in this section.
(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.
(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.
(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant or alleged youth offender guaranteed by this Constitution or the Constitution of the United States.
Notes
Art. I §44 | TERM OF IMPRISONMENT IMPOSED BY COURT TO BE FULLY SERVED; EXCEPTIONS
(B) Judicial authority to grant appellate or post-conviction relief.
(3) As used in this section, "victim" means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.
Notes
Art. I §45 | PERSON CONVICTED OF CERTAIN CRIMES NOT ELIGIBLE TO SERVE AS JUROR ON GRAND JURY OR TRIAL JURY IN CRIMINAL CASE
(b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.
Notes
Art. I §46 | PROHIBITION ON DENIAL OR ABRIDGMENT OF RIGHTS ON ACCOUNT OF SEX
(2) The Legislative Assembly shall have the power to enforce, by appropriate legislation, the provisions of this section.
(3) Nothing in this section shall diminish a right otherwise available to persons under section 20 of this Article or any other provision of this Constitution.
Notes
Whereas achieving the goal of living a healthy life is impossible without the ability to access health care; and
Whereas health care should be available to everyone; and
Whereas the lack of available health care is a barrier to opportunity, success and quality of life; and
Whereas Oregonians should not be divided between those who can afford to be healthy and those who cannot; and
Whereas Oregonians should not be divided between those who have hopes and dreams and those whose sickness, disease or injury robs them of their hopes and dreams; now, therefore,
Art. I §47 | RIGHT TO AFFORDABLE HEALTH CARE
(2) The obligation of the state described in subsection (1) of this section must be balanced against the public interest in funding public schools and other essential public services, and any remedy arising from an action brought against the state to enforce the provisions of this section may not interfere with the balance described in this subsection.
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