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CALIFORNIA
Constitution of the State of California
PREAMBLE
We, the People of the State of California, grateful to Almighty God for our
freedom, in order to secure and perpetuate its blessings, do establish this
Constitution.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 2. (a) Every person may freely speak, write and publish his or
her sentiments on all subjects, being responsible for the abuse of
this right. A law may not restrain or abridge liberty of speech or
press.
(b) A publisher, editor, reporter, or other person connected with
or employed upon a newspaper, magazine, or other periodical
publication, or by a press association or wire service, or any person
who has been so connected or employed, shall not be adjudged in
contempt by a judicial, legislative, or administrative body, or any
other body having the power to issue subpoenas, for refusing to
disclose the source of any information procured while so connected or
employed for publication in a newspaper, magazine or other
periodical publication, or for refusing to disclose any unpublished
information obtained or prepared in gathering, receiving or
processing of information for communication to the public.
Nor shall a radio or television news reporter or other person
connected with or employed by a radio or television station, or any
person who has been so connected or employed, be so adjudged in
contempt for refusing to disclose the source of any information
procured while so connected or employed for news or news commentary
purposes on radio or television, or for refusing to disclose any
unpublished information obtained or prepared in gathering, receiving
or processing of information for communication to the public.
As used in this subdivision, "unpublished information" includes
information not disseminated to the public by the person from whom
disclosure is sought, whether or not related information has been
disseminated and includes, but is not limited to, all notes,
outtakes, photographs, tapes or other data of whatever sort not
itself disseminated to the public through a medium of communication,
whether or not published information based upon or related to such
material has been disseminated.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 3. The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion.
A person is not incompetent to be a witness or juror because of
his or her opinions on religious beliefs.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 5. The military is subordinate to civil power. A standing
army may not be maintained in peacetime. Soldiers may not be
quartered in any house in wartime except as prescribed by law, or in
peacetime without the owner's consent.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 6. Slavery is prohibited. Involuntary servitude is prohibited
except to punish crime.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 7. (a) A person may not be deprived of life, liberty, or
property without due process of law or denied equal protection of the
laws; provided, that nothing contained herein or elsewhere in this
Constitution imposes upon the State of California or any public
entity, board, or official any obligations or responsibilities which
exceed those imposed by the Equal Protection Clause of the 14th
Amendment to the United States Constitution with respect to the use
of pupil school assignment or pupil transportation. In enforcing
this subdivision or any other provision of this Constitution, no
court of this State may impose upon the State of California or any
public entity, board, or official any obligation or responsibility
with respect to the use of pupil school assignment or pupil
transportation, (1) except to remedy a specific violation by such
party that would also constitute a violation of the Equal Protection
Clause of the 14th Amendment to the United States Constitution, and
(2) unless a federal court would be permitted under federal
decisional law to impose that obligation or responsibility upon such
party to remedy the specific violation of the Equal Protection Clause
of the 14th Amendment of the United States Constitution.
Except as may be precluded by the Constitution of the United
States, every existing judgment, decree, writ, or other order of a
court of this State, whenever rendered, which includes provisions
regarding pupil school assignment or pupil transportation, or which
requires a plan including any such provisions shall, upon application
to a court having jurisdiction by any interested person, be modified
to conform to the provisions of this subdivision as amended, as
applied to the facts which exist at the time of such modification.
In all actions or proceedings arising under or seeking application
of the amendments to this subdivision proposed by the Legislature at
its 1979-80 Regular Session, all courts, wherein such actions or
proceedings are or may hereafter be pending, shall give such actions
or proceedings first precedence over all other civil actions therein.
Nothing herein shall prohibit the governing board of a school
district from voluntarily continuing or commencing a school
integration plan after the effective date of this subdivision as
amended.
In amending this subdivision, the Legislature and people of the
State of California find and declare that this amendment is necessary
to serve compelling public interests, including those of making the
most effective use of the limited financial resources now and
prospectively available to support public education, maximizing the
educational opportunities and protecting the health and safety of all
public school pupils, enhancing the ability of parents to
participate in the educational process, preserving harmony and
tranquility in this State and its public schools, preventing the
waste of scarce fuel resources, and protecting the environment.
(b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or
revoked.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 8. A person may not be disqualified from entering or pursuing
a business, profession, vocation, or employment because of sex, race,
creed, color, or national or ethnic origin.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 9. A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 10. Witnesses may not be unreasonably detained. A person may
not be imprisoned in a civil action for debt or tort, or in peacetime
for a militia fine.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 11. Habeas corpus may not be suspended unless required by
public safety in cases of rebellion or invasion.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 12. A person shall be released on bail by sufficient sureties,
except for:
(a) Capital crimes when the facts are evident or the presumption
great;
(b) Felony offenses involving acts of violence on another person,
or felony sexual assault offenses on another person, when the facts
are evident or the presumption great and the court finds based upon
clear and convincing evidence that there is a substantial likelihood
the person's release would result in great bodily harm to others; or
(c) Felony offenses when the facts are evident or the presumption
great and the court finds based on clear and convincing evidence that
the person has threatened another with great bodily harm and that
there is a substantial likelihood that the person would carry out the
threat if released.
Excessive bail may not be required. In fixing the amount of bail,
the court shall take into consideration the seriousness of the
offense charged, the previous criminal record of the defendant, and
the probability of his or her appearing at the trial or hearing of
the case.
A person may be released on his or her own recognizance in the
court's discretion.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 13. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable seizures and
searches may not be violated; and a warrant may not issue except on
probable cause, supported by oath or affirmation, particularly
describing the place to be searched and the persons and things to be
seized.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 14. Felonies shall be prosecuted as provided by law, either by
indictment or, after examination and commitment by a magistrate, by
information.
A person charged with a felony by complaint subscribed under
penalty of perjury and on file in a court in the county where the
felony is triable shall be taken without unnecessary delay before a
magistrate of that court. The magistrate shall immediately give the
defendant a copy of the complaint, inform the defendant of the
defendant's right to counsel, allow the defendant a reasonable time
to send for counsel, and on the defendant's request read the
complaint to the defendant. On the defendant's request the
magistrate shall require a peace officer to transmit within the
county where the court is located a message to counsel named by
defendant.
A person unable to understand English who is charged with a crime
has a right to an interpreter throughout the proceedings.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 14.1. If a felony is prosecuted by indictment, there shall be
no postindictment preliminary hearing.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 15. The defendant in a criminal cause has the right to a
speedy public trial, to compel attendance of witnesses in the
defendant's behalf, to have the assistance of counsel for the
defendant's defense, to be personally present with counsel, and to be
confronted with the witnesses against the defendant. The
Legislature may provide for the deposition of a witness in the
presence of the defendant and the defendant's counsel.
Persons may not twice be put in jeopardy for the same offense, be
compelled in a criminal cause to be a witness against themselves, or
be deprived of life, liberty, or property without due process of law.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 16. Trial by jury is an inviolate right and shall be secured
to all, but in a civil cause three-fourths of the jury may render a
verdict. A jury may be waived in a criminal cause by the consent of
both parties expressed in open court by the defendant and the
defendant's counsel. In a civil cause a jury may be waived by the
consent of the parties expressed as prescribed by statute.
In civil causes the jury shall consist of 12 persons or a lesser
number agreed on by the parties in open court. In civil causes other
than causes within the appellate jurisdiction of the court of appeal
the Legislature may provide that the jury shall consist of eight
persons or a lesser number agreed on by the parties in open court.
In criminal actions in which a felony is charged, the jury shall
consist of 12 persons. In criminal actions in which a misdemeanor is
charged, the jury shall consist of 12 persons or a lesser number
agreed on by the parties in open court.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 17. Cruel or unusual punishment may not be inflicted or
excessive fines imposed.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 18. Treason against the State consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort.
A person may not be convicted of treason except on the evidence of
two witnesses to the same overt act or by confession in open court.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 19. Private property may be taken or damaged for public use
only when just compensation, ascertained by a jury unless waived, has
first been paid to, or into court for, the owner. The Legislature
may provide for possession by the condemnor following commencement of
eminent domain proceedings upon deposit in court and prompt release
to the owner of money determined by the court to be the probable
amount of just compensation.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 20. Noncitizens have the same property rights as citizens.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 21. Property owned before marriage or acquired during marriage
by gift, will, or inheritance is separate property.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 22. The right to vote or hold office may not be conditioned by
a property qualification.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 23. One or more grand juries shall be drawn and summoned at
least once a year in each county.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 24. Rights guaranteed by this Constitution are not dependent
on those guaranteed by the United States Constitution.
In criminal cases the rights of a defendant to equal protection of
the laws, to due process of law, to the assistance of counsel, to be
personally present with counsel, to a speedy and public trial, to
compel the attendance of witnesses, to confront the witnesses against
him or her, to be free from unreasonable searches and seizures, to
privacy, to not be compelled to be a witness against himself or
herself, to not be placed twice in jeopardy for the same offense, and
to not suffer the imposition of cruel or unusual punishment, shall
be construed by the courts of this State in a manner consistent with
the Constitution of the United States. This Constitution shall not
be construed by the courts to afford greater rights to criminal
defendants than those afforded by the Constitution of the United
States, nor shall it be construed to afford greater rights to minors
in juvenile proceedings on criminal causes than those afforded by the
Constitution of the United States.
This declaration of rights may not be construed to impair or deny
others retained by the people.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
Section 25. The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 26. The provisions of this Constitution are mandatory and
prohibitory, unless by express words they are declared to be
otherwise.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 27. All statutes of this State in effect on February 17, 1972,
requiring, authorizing, imposing, or relating to the death penalty
are in full force and effect, subject to legislative amendment or
repeal by statute, initiative, or referendum.
The death penalty provided for under those statutes shall not be
deemed to be, or to constitute, the infliction of cruel or unusual
punishments within the meaning of Article 1, Section 6 nor shall such
punishment for such offenses be deemed to contravene any other
provision of this constitution.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 28. (a) The People of the State of California find and declare
that the enactment of comprehensive provisions and laws ensuring a
bill of rights for victims of crime, including safeguards in the
criminal justice system to fully protect those rights, is a matter of
grave statewide concern.
The rights of victims pervade the criminal justice system,
encompassing not only the right to restitution from the wrongdoers
for financial losses suffered as a result of criminal acts, but also
the more basic expectation that persons who commit felonious acts
causing injury to innocent victims will be appropriately detained in
custody, tried by the courts, and sufficiently punished so that the
public safety is protected and encouraged as a goal of highest
importance.
Such public safety extends to public primary, elementary, junior
high, and senior high school campuses, where students and staff have
the right to be safe and secure in their persons.
To accomplish these goals, broad reforms in the procedural
treatment of accused persons and the disposition and sentencing of
convicted persons are necessary and proper as deterrents to criminal
behavior and to serious disruption of people's lives.
(b) Restitution. It is the unequivocal intention of the People of
the State of California that all persons who suffer losses as a
result of criminal activity shall have the right to restitution from
the persons convicted of the crimes for losses they suffer.
Restitution shall be ordered from the convicted persons in every
case, regardless of the sentence or disposition imposed, in which a
crime victim suffers a loss, unless compelling and extraordinary
reasons exist to the contrary. The Legislature shall adopt
provisions to implement this section during the calendar year
following adoption of this section.
(c) Right to Safe Schools. All students and staff of public
primary, elementary, junior high and senior high schools have the
inalienable right to attend campuses which are safe, secure and
peaceful.
(d) Right to Truth-in-Evidence. Except as provided by statute
hereafter enacted by a two-thirds vote of the membership in each
house of the Legislature, relevant evidence shall not be excluded in
any criminal proceeding, including pretrial and post conviction
motions and hearings, or in any trial or hearing of a juvenile for a
criminal offense, whether heard in juvenile or adult court. Nothing
in this section shall affect any existing statutory rule of evidence
relating to privilege or hearsay, or Evidence Code, Sections 352, 782
or 1103. Nothing in this section shall affect any existing
statutory or constitutional right of the press.
(e) Public Safety Bail. A person may be released on bail by
sufficient sureties, except for capital crimes when the facts are
evident or the presumption great. Excessive bail may not be
required. In setting, reducing or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at the trial or hearing of the case. Public safety shall be the
primary consideration.
A person may be released on his or her own recognizance in the
court's discretion, subject to the same factors considered in setting
bail. However, no person charged with the commission of any serious
felony shall be released on his or her own recognizance.
Before any person arrested for a serious felony may be released on
bail, a hearing may be held before the magistrate or judge, and the
prosecuting attorney shall be given notice and reasonable opportunity
to be heard on the matter.
When a judge or magistrate grants or denies bail or release on a
person's own recognizance, the reasons for that decision shall be
stated in the record and included in the court's minutes.
(f) Use of Prior Convictions. Any prior felony conviction of any
person in any criminal proceeding, whether adult or juvenile, shall
subsequently be used without limitation for purposes of impeachment
or enhancement of sentence in any criminal proceeding. When a prior
felony conviction is an element of any felony offense, it shall be
proven to the trier of fact in open court.
(g) As used in this article, the term "serious felony" is any
crime defined in Penal Code, Section 1192.7(c).
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 29. In a criminal case, the people of the State of California
have the right to due process of law and to a speedy and public
trial.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 30. (a) This Constitution shall not be construed by the courts
to prohibit the joining of criminal cases as prescribed by the
Legislature or by the people through the initiative process.
(b) In order to protect victims and witnesses in criminal cases,
hearsay evidence shall be admissible at preliminary hearings, as
prescribed by the Legislature or by the people through the initiative
process.
(c) In order to provide for fair and speedy trials, discovery in
criminal cases shall be reciprocal in nature, as prescribed by the
Legislature or by the people through the initiative process.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 31. (a) The State shall not discriminate against, or grant
preferential treatment to, any individual or group on the basis of
race, sex, color, ethnicity, or national origin in the operation of
public employment, public education, or public contracting.
(b) This section shall apply only to action taken after the
section's effective date.
(c) Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex which are reasonably necessary
to the normal operation of public employment, public education, or
public contracting.
(d) Nothing in this section shall be interpreted as invalidating
any court order or consent decree which is in force as of the
effective date of this section.
(e) Nothing in this section shall be interpreted as prohibiting
action which must be taken to establish or maintain eligibility for
any federal program, where ineligibility would result in a loss of
federal funds to the State.
(f) For the purposes of this section, "State" shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county, public university system, including the University
of California, community college district, school district, special
district, or any other political subdivision or governmental
instrumentality of or within the State.
(g) The remedies available for violations of this section shall be
the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of then-existing California antidiscrimination law.
(h) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SECTION 1. All political power is inherent in the people.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the public good
may require.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2. A United States citizen 18 years of age and resident in
this State may vote.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2.5. A voter who casts a vote in an election in accordance
with the laws of this State shall have that vote counted.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 3. The Legislature shall define residence and provide for
registration and free elections.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 4. The Legislature shall prohibit improper practices that
affect elections and shall provide for the disqualification of
electors while mentally incompetent or imprisoned or on parole for
the conviction of a felony.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 5. The Legislature shall provide for primary elections for
partisan offices, including an open presidential primary whereby the
candidates on the ballot are those found by the Secretary of State to
be recognized candidates throughout the nation or throughout
California for the office of President of the United States, and
those whose names are placed on the ballot by petition, but excluding
any candidate who has withdrawn by filing an affidavit of
noncandidacy.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 6. (a) All judicial, school, county, and city offices shall be
nonpartisan.
(b) No political party or party central committee may endorse,
support, or oppose a candidate for nonpartisan office.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 7. Voting shall be secret.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 8. (a) The initiative is the power of the electors to propose
statutes and amendments to the Constitution and to adopt or reject
them.
(b) An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
(d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.
(e) An initiative measure shall not include or exclude any
political subdivision of the State from the application or effect of
its provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of that political
subdivision.
(f) An initiative measure shall not contain alternative or
cumulative provisions wherein one or more of those provisions would
become law depending upon the casting of a specified percentage of
votes for or against the measure.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 9. (a) The referendum is the power of the electors to approve
or reject statutes or parts of statutes except urgency statutes,
statutes calling elections, and statutes providing for tax levies or
appropriations for usual current expenses of the State.
(b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II before
January 1.
(c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 10. (a) An initiative statute or referendum approved by a
majority of votes thereon takes effect the day after the election
unless the measure provides otherwise. If a referendum petition is
filed against a part of a statute the remainder shall not be delayed
from going into effect.
(b) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.
(c) The Legislature may amend or repeal referendum statutes. It
may amend or repeal an initiative statute by another statute that
becomes effective only when approved by the electors unless the
initiative statute permits amendment or repeal without their
approval.
(d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.
(e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 11. (a) Initiative and referendum powers may be exercised by
the electors of each city or county under procedures that the
Legislature shall provide. Except as provided in subdivisions (b)
and (c), this section does not affect a city having a charter.
(b) A city or county initiative measure shall not include or
exclude any part of the city or county from the application or effect
of its provisions based upon approval or disapproval of the
initiative measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of the
city or county or any part thereof.
(c) A city or county initiative measure shall not contain
alternative or cumulative provisions wherein one or more of those
provisions would become law depending upon the casting of a specified
percentage of votes for or against the measure.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 12. No amendment to the Constitution, and no statute proposed
to the electors by the Legislature or by initiative, that names any
individual to hold any office, or names or identifies any private
corporation to perform any function or to have any power or duty, may
be submitted to the electors or have any effect.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 13. Recall is the power of the electors to remove an elective
officer.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 14. (a) Recall of a state officer is initiated by delivering
to the Secretary of State a petition alleging reason for recall.
Sufficiency of reason is not reviewable. Proponents have 160 days to
file signed petitions.
(b) A petition to recall a statewide officer must be signed by
electors equal in number to 12 percent of the last vote for the
office, with signatures from each of 5 counties equal in number to 1
percent of the last vote for the office in the county. Signatures to
recall Senators, members of the Assembly, members of the Board of
Equalization, and judges of courts of appeal and trial courts must
equal in number 20 percent of the last vote for the office.
(c) The Secretary of State shall maintain a continuous count of
the signatures certified to that office.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 15. (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
(b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.
(c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor. The officer may not be a candidate,
nor shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 16. The Legislature shall provide for circulation, filing, and
certification of petitions, nomination of candidates, and the recall
election.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 17. If recall of the Governor or Secretary of State is
initiated, the recall duties of that office shall be performed by the
Lieutenant Governor or Controller, respectively.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 18. A state officer who is not recalled shall be reimbursed by
the State for the officer's recall election expenses legally and
personally incurred. Another recall may not be initiated against the
officer until six months after the election.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 19. The Legislature shall provide for recall of local
officers. This section does not affect counties and cities whose
charters provide for recall.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 20. Terms of elective offices provided for by this
Constitution, other than Members of the Legislature, commence on the
Monday after January 1 following election. The election shall be
held in the last even-numbered year before the term expires.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 1. The State of California is an inseparable part of the
United States of America, and the United States Constitution is the
supreme law of the land.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 2. The boundaries of the State are those stated in the
Constitution of 1849 as modified pursuant to statute. Sacramento is
the capital of California.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 3. The powers of state government are legislative, executive,
and judicial. Persons charged with the exercise of one power may not
exercise either of the others except as permitted by this
Constitution.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 3.5. An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
(a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
(b) To declare a statute unconstitutional;
(c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 4. (a) Except as provided in subdivision (b), salaries of
elected state officers may not be reduced during their term of
office. Laws that set these salaries are appropriations.
(b) Beginning on January 1, 1981, the base salary of a judge of a
court of record shall equal the annual salary payable as of July 1,
1980, for that office had the judge been elected in 1978. The
Legislature may prescribe increases in those salaries during a term
of office, and it may terminate prospective increases in those
salaries at any time during a term of office, but it shall not reduce
the salary of a judge during a term of office below the highest
level paid during that term of office. Laws setting the salaries of
judges shall not constitute an obligation of contract pursuant to
Section 9 of Article I or any other provision of law.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 5. Suits may be brought against the State in such manner and
in such courts as shall be directed by law.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 6. (a) Purpose.
English is the common language of the people of the United States
of America and the State of California. This section is intended to
preserve, protect and strengthen the English language, and not to
supersede any of the rights guaranteed to the people by this
Constitution.
(b) English as the Official Language of California.
English is the official language of the State of California.
(c) Enforcement.
The Legislature shall enforce this section by appropriate
legislation. The Legislature and officials of the State of
California shall take all steps necessary to insure that the role of
English as the common language of the State of California is
preserved and enhanced. The Legislature shall make no law which
diminishes or ignores the role of English as the common language of
the State of California.
(d) Personal Right of Action and Jurisdiction of Courts.
Any person who is a resident of or doing business in the State of
California shall have standing to sue the State of California to
enforce this section, and the Courts of record of the State of
California shall have jurisdiction to hear cases brought to enforce
this section. The Legislature may provide reasonable and appropriate
limitations on the time and manner of suits brought under this
section.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
Sec. 7. (a) The retirement allowance for any person, all of whose
credited service in the Legislators' Retirement System was rendered
or was deemed to have been rendered as an elective officer of the
State whose office is provided for by the California Constitution,
other than a judge and other than a Member of the Senate or Assembly,
and all or any part of whose retirement allowance is calculated on
the basis of the compensation payable to the officer holding the
office which the member last held prior to retirement, or for the
survivor or beneficiary of such a person, shall not be increased or
affected in any manner by changes on or after November 5, 1986, in
the compensation payable to the officer holding the office which the
member last held prior to retirement.
(b) This section shall apply to any person, survivor, or
beneficiary described in subdivision (a) who receives, or is
receiving, from the Legislators' Retirement System a retirement
allowance on or after November 5, 1986, all or any part of which
allowance is calculated on the basis of the compensation payable to
the officer holding the office which the member last held prior to
retirement.
(c) It is the intent of the people, in adopting this section, to
restrict retirement allowances to amounts reasonably to be expected
by certain members and retired members of the Legislators' Retirement
System and to preserve the basic character of earned retirement
benefits while prohibiting windfalls and unforeseen advantages which
have no relation to the real theory and objective of a sound
retirement system. It is not the intent of this section to deny any
member, retired member, survivor, or beneficiary a reasonable
retirement allowance. Thus, this section shall not be construed as a
repudiation of a debt nor the impairment of a contract for a
substantial and reasonable retirement allowance from the Legislators'
Retirement System.
(d) The people and the Legislature hereby find and declare that
the dramatic increase in the retirement allowances of persons
described in subdivision (a) which would otherwise result when the
compensation for those offices increases on November 5, 1986, or
January 5, 1987, are not benefits which could have reasonably been
expected. The people and the Legislature further find and declare
that the Legislature did not intend to provide in its scheme of
compensation for those offices such windfall benefits.
CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 8. (a) The California Citizens Compensation Commission is
hereby created and shall consist of seven members appointed by the
Governor. The commission shall establish the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers.
(b) The commission shall consist of the following persons:
(1) Three public members, one of whom has expertise in the area of
compensation, such as an economist, market researcher, or personnel
manager; one of whom is a member of a nonprofit public interest
organization; and one of whom is representative of the general
population and may include, among others, a retiree, homemaker, or
person of median income. No person appointed pursuant to this
paragraph may, during the 12 months prior to his or her appointment,
have held public office, either elective or appointive, have been a
candidate for elective public office, or have been a lobbyist, as
defined by the Political Reform Act of 1974.
(2) Two members who have experience in the business community, one
of whom is an executive of a corporation incorporated in this State
which ranks among the largest private sector employers in the State
based on the number of employees employed by the corporation in this
State and one of whom is an owner of a small business in this State.
(3) Two members, each of whom is an officer or member of a labor
organization.
(c) The Governor shall strive insofar as practicable to provide a
balanced representation of the geographic, gender, racial, and ethnic
diversity of the State in appointing commission members.
(d) The Governor shall appoint commission members and designate a
chairperson for the commission not later than 30 days after the
effective date of this section. The terms of two of the initial
appointees shall expire on December 31, 1992, two on December 31,
1994, and three on December 31, 1996, as determined by the Governor.
Thereafter, the term of each member shall be six years. Within 15
days of any vacancy, the Governor shall appoint a person to serve the
unexpired portion of the term.
(e) No current or former officer or employee of this State is
eligible for appointment to the commission.
(f) Public notice shall be given of all meetings of the
commission, and the meetings shall be open to the public.
(g) On or before December 3, 1990, the commission shall, by a
single resolution adopted by a majority of the membership of the
commission, establish the annual salary and the medical, dental,
insurance, and other similar benefits of state officers. The annual
salary and benefits specified in that resolution shall be effective
on and after December 3, 1990.
Thereafter, at or before the end of each fiscal year, the
commission shall, by a single resolution adopted by a majority of the
membership of the commission, adjust the annual salary and the
medical, dental, insurance, and other similar benefits of state
officers. The annual salary and benefits specified in the resolution
shall be effective on and after the first Monday of the next
December.
(h) In establishing or adjusting the annual salary and the
medical, dental, insurance, and other similar benefits, the
commission shall consider all of the following:
(1) The amount of time directly or indirectly related to the
performance of the duties, functions, and services of a state
officer.
(2) The amount of the annual salary and the medical, dental,
insurance, and other similar benefits for other elected and appointed
officers and officials in this State with comparable
responsibilities, the judiciary, and, to the extent practicable, the
private sector, recognizing, however, that state officers do not
receive, and do not expect to receive, compensation at the same
levels as individuals in the private sector with comparable
experience and responsibilities.
(3) The responsibility and scope of authority of the entity in
which the state officer serves.
(i) Until a resolution establishing or adjusting the annual salary
and the medical, dental, insurance, and other similar benefits for
state officers takes effect, each state officer shall continue to
receive the same annual salary and the medical, dental, insurance,
and other similar benefits received previously.
(j) All commission members shall receive their actual and
necessary expenses, including travel expenses, incurred in the
performance of their duties. Each member shall be compensated at the
same rate as members, other than the chairperson, of the Fair
Political Practices Commission, or its successor, for each day
engaged in official duties, not to exceed 45 days per year.
(k) It is the intent of the Legislature that the creation of the
commission should not generate new state costs for staff and
services. The Department of Personnel Administration, the Board of
Administration of the Public Employees' Retirement System, or other
appropriate agencies, or their successors, shall furnish, from
existing resources, staff and services to the commission as needed
for the performance of its duties.
(l) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, member of the State Board of Equalization,
and Member of the Legislature.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 1. The legislative power of this State is vested in the
California Legislature which consists of the Senate and Assembly, but
the people reserve to themselves the powers of initiative and
referendum.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 1.5. The people find and declare that the Founding Fathers
established a system of representative government based upon free,
fair, and competitive elections. The increased concentration of
political power in the hands of incumbent representatives has made
our electoral system less free, less competitive, and less
representative.
The ability of legislators to serve unlimited number of terms, to
establish their own retirement system, and to pay for staff and
support services at state expense contribute heavily to the extremely
high number of incumbents who are reelected. These unfair incumbent
advantages discourage qualified candidates from seeking public
office and create a class of career politicians, instead of the
citizen representatives envisioned by the Founding Fathers. These
career politicians become representatives of the bureaucracy, rather
than of the people whom they are elected to represent.
To restore a free and democratic system of fair elections, and to
encourage qualified candidates to seek public office, the people find
and declare that the powers of incumbency must be limited.
Retirement benefits must be restricted, state-financed incumbent
staff and support services limited, and limitations placed upon the
number of terms which may be served.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 2. (a) The Senate has a membership of 40 Senators elected for
4-year terms, 20 to begin every 2 years. No Senator may serve more
than 2 terms.
The Assembly has a membership of 80 members elected for 2-year
terms. No member of the Assembly may serve more than 3 terms.
Their terms shall commence on the first Monday in December next
following their election.
(b) Election of members of the Assembly shall be on the first
Tuesday after the first Monday in November of even-numbered years
unless otherwise prescribed by the Legislature. Senators shall be
elected at the same time and places as members of the Assembly.
(c) A person is ineligible to be a member of the Legislature
unless the person is an elector and has been a resident of the
legislative district for one year, and a citizen of the United States
and a resident of California for 3 years, immediately preceding the
election.
(d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 3. (a) The Legislature shall convene in regular session at
noon on the first Monday in December of each even-numbered year and
each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
(b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 4. (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no Member
of the Legislature may knowingly receive any salary, wages,
commissions, or other similar earned income from a lobbyist or
lobbying firm, as defined by the Political Reform Act of 1974, or
from a person who, during the previous 12 months, has been under a
contract with the Legislature. The Legislature shall enact laws that
define earned income. However, earned income does not include any
community property interest in the income of a spouse. Any Member
who knowingly receives any salary, wages, commissions, or other
similar earned income from a lobbyist employer, as defined by the
Political Reform Act of 1974, may not, for a period of one year
following its receipt, vote upon or make, participate in making, or
in any way attempt to use his or her official position to influence
an action or decision before the Legislature, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of this article, which he or she knows, or has reason to know, would
have a direct and significant financial impact on the lobbyist
employer and would not impact the public generally or a significant
segment of the public in a similar manner. As used in this
subdivision, "public generally" includes an industry, trade, or
profession.
(b) Travel and living expenses for Members of the Legislature in
connection with their official duties shall be prescribed by statute
passed by rollcall vote entered in the journal, two-thirds of the
membership of each house concurring. A Member may not receive travel
and living expenses during the times that the Legislature is in
recess for more than three calendar days, unless the Member is
traveling to or from, or is in attendance at, any meeting of a
committee of which he or she is a member, or a meeting, conference,
or other legislative function or responsibility as authorized by the
rules of the house of which he or she is a member, which is held at a
location at least 20 miles from his or her place of residence.
(c) The Legislature may not provide retirement benefits based on
any portion of a monthly salary in excess of five hundred dollars
($500) paid to any Member of the Legislature unless the Member
receives the greater amount while serving as a Member in the
Legislature. The Legislature may, prior to their retirement, limit
the retirement benefits payable to Members of the Legislature who
serve during or after the term commencing in 1967.
When computing the retirement allowance of a Member who serves in
the Legislature during the term commencing in 1967 or later,
allowance may be made for increases in cost of living if so provided
by statute, but only with respect to increases in the cost of living
occurring after retirement of the Member. However, the Legislature
may provide that no Member shall be deprived of a cost of living
adjustment based on a monthly salary of five hundred dollars ($500)
which has accrued prior to the commencement of the 1967 Regular
Session of the Legislature.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 4.5. Notwithstanding any other provision of this Constitution
or existing law, a person elected to or serving in the Legislature on
or after November 1, 1990, shall participate in the Federal Social
Security (Retirement, Disability, Health Insurance) Program and the
State shall pay only the employer's share of the contribution
necessary to such participation. No other pension or retirement
benefit shall accrue as a result of service in the Legislature, such
service not being intended as a career occupation. This Section
shall not be construed to abrogate or diminish any vested pension or
retirement benefit which may have accrued under an existing law to a
person holding or having held office in the Legislature, but upon
adoption of this Act no further entitlement to nor vesting in any
existing program shall accrue to any such person, other than Social
Security to the extent herein provided.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 5. (a) Each house shall judge the qualifications and elections
of its Members and, by rollcall vote entered in the journal, two
thirds of the membership concurring, may expel a Member.
(b) No Member of the Legislature may accept any honorarium. The
Legislature shall enact laws that implement this subdivision.
(c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a Member of the Legislature from any
source if the acceptance of the gift might create a conflict of
interest.
(d) No Member of the Legislature may knowingly accept any
compensation for appearing, agreeing to appear, or taking any other
action on behalf of another person before any state government board
or agency. If a Member knowingly accepts any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any local government board or agency, the
Member may not, for a period of one year following the acceptance of
the compensation, vote upon or make, participate in making, or in any
way attempt to use his or her official position to influence an
action or decision before the Legislature, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of this article, which he or she knows, or has reason to know, would
have a direct and significant financial impact on that person and
would not impact the public generally or a significant segment of the
public in a similar manner. As used in this subdivision, "public
generally" includes an industry, trade, or profession. However, a
Member may engage in activities involving a board or agency which are
strictly on his or her own behalf, appear in the capacity of an
attorney before any court or the Workers' Compensation Appeals Board,
or act as an advocate without compensation or make an inquiry for
information on behalf of a person before a board or agency. This
subdivision does not prohibit any action of a partnership or firm of
which the Member is a member if the Member does not share directly or
indirectly in the fee, less any expenses attributable to that fee,
resulting from that action.
(e) The Legislature shall enact laws that prohibit a Member of the
Legislature whose term of office commences on or after December 3,
1990, from lobbying, for compensation, as governed by the Political
Reform Act of 1974, before the Legislature for 12 months after
leaving office.
(f) The Legislature shall enact new laws, and strengthen the
enforcement of existing laws, prohibiting Members of the Legislature
from engaging in activities or having interests which conflict with
the proper discharge of their duties and responsibilities. However,
the people reserve to themselves the power to implement this
requirement pursuant to Article II.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 6. For the purpose of choosing members of the Legislature, the
State shall be divided into 40 Senatorial and 80 Assembly districts
to be called Senatorial and Assembly Districts. Each Senatorial
district shall choose one Senator and each Assembly district shall
choose one member of the Assembly.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 7. (a) Each house shall choose its officers and adopt rules
for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent members.
(b) Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the members on a question shall be
taken and entered in the journal at the request of 3 members
present.
(c) (1) The proceedings of each house and the committees thereof
shall be open and public. However, closed sessions may be held
solely for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail.
(d) Neither house without the consent of the other may recess for
more than 10 days or to any other place.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 7.5. In the fiscal year immediately following the adoption of
this Act, the total aggregate expenditures of the Legislature for the
compensation of members and employees of, and the operating expenses
and equipment for, the Legislature may not exceed an amount equal to
nine hundred fifty thousand dollars ($950,000) per member for that
fiscal year or 80 percent of the amount of money expended for those
purposes in the preceding fiscal year, whichever is less. For each
fiscal year thereafter, the total aggregate expenditures may not
exceed an amount equal to that expended for those purposes in the
preceding fiscal year, adjusted and compounded by an amount equal to
the percentage increase in the appropriations limit for the State
established pursuant to Article XIIIB.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 8. (a) At regular sessions no bill other than the budget bill
may be heard or acted on by committee or either house until the 31st
day after the bill is introduced unless the house dispenses with this
requirement by rollcall vote entered in the journal, three fourths
of the membership concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is
read by title on 3 days in each house except that the house may
dispense with this requirement by rollcall vote entered in the
journal, two thirds of the membership concurring. No bill may be
passed until the bill with amendments has been printed and
distributed to the members. No bill may be passed unless, by
rollcall vote entered in the journal, a majority of the membership of
each house concurs.
(c) (1) Except as provided in paragraphs (2) and (3) of this
subdivision, a statute enacted at a regular session shall go into
effect on January 1 next following a 90-day period from the date of
enactment of the statute and a statute enacted at a special session
shall go into effect on the 91st day after adjournment of the special
session at which the bill was passed.
(2) A statute, other than a statute establishing or changing
boundaries of any legislative, congressional, or other election
district, enacted by a bill passed by the Legislature on or before
the date the Legislature adjourns for a joint recess to reconvene in
the second calendar year of the biennium of the legislative session,
and in the possession of the Governor after that date, shall go into
effect on January 1 next following the enactment date of the statute
unless, before January 1, a copy of a referendum petition affecting
the statute is submitted to the Attorney General pursuant to
subdivision (d) of Section 10 of Article II, in which event the
statute shall go into effect on the 91st day after the enactment date
unless the petition has been presented to the Secretary of State
pursuant to subdivision (b) of Section 9 of Article II.
(3) Statutes calling elections, statutes providing for tax levies
or appropriations for the usual current expenses of the State, and
urgency statutes shall go into effect immediately upon their
enactment.
(d) Urgency statutes are those necessary for immediate
preservation of the public peace, health, or safety. A statement of
facts constituting the necessity shall be set forth in one section of
the bill. In each house the section and the bill shall be passed
separately, each by rollcall vote entered in the journal, two thirds
of the membership concurring. An urgency statute may not create or
abolish any office or change the salary, term, or duties of any
office, or grant any franchise or special privilege, or create any
vested right or interest.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 8.5. An act amending an initiative statute, an act providing
for the issuance of bonds, or a constitutional amendment proposed by
the Legislature and submitted to the voters for approval shall not do
either of the following:
(a) Include or exclude any political subdivision of the State from
the application or effect of its provisions based upon approval or
disapproval of the measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of that
political subdivision.
(b) Contain alternative or cumulative provisions wherein one or
more of those provisions would become law depending upon the casting
of a specified percentage of votes for or against the measure.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 9. A statute shall embrace but one subject, which shall be
expressed in its title. If a statute embraces a subject not
expressed in its title, only the part not expressed is void. A
statute may not be amended by reference to its title. A section of a
statute may not be amended unless the section is re-enacted as
amended.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 10. (a) Each bill passed by the Legislature shall be presented
to the Governor. It becomes a statute if it is signed by the
Governor. The Governor may veto it by returning it with any
objections to the house of origin, which shall enter the objections
in the journal and proceed to reconsider it. If each house then
passes the bill by rollcall vote entered in the journal, two thirds
of the membership concurring, it becomes a statute.
(b) (1) Any bill, other than a bill which would establish or
change boundaries of any legislative, congressional, or other
election district, passed by the Legislature on or before the date
the Legislature adjourns for a joint recess to reconvene in the
second calendar year of the biennium of the legislative session, and
in the possession of the Governor after that date, that is not
returned within 30 days after that date becomes a statute.
(2) Any bill passed by the Legislature before September 1 of the
second calendar year of the biennium of the legislative session and
in the possession of the Governor on or after September 1 that is not
returned on or before September 30 of that year becomes a statute.
(3) Any other bill presented to the Governor that is not returned
within 12 days becomes a statute.
(4) If the Legislature by adjournment of a special session
prevents the return of a bill with the veto message, the bill becomes
a statute unless the Governor vetoes the bill within 12 days after
it is presented by depositing it and the veto message in the office
of the Secretary of State.
(5) If the 12th day of the period within which the Governor is
required to perform an act pursuant to paragraph (3) or (4) of this
subdivision is a Saturday, Sunday, or holiday, the period is extended
to the next day that is not a Saturday, Sunday, or holiday.
(c) Any bill introduced during the first year of the biennium of
the legislative session that has not been passed by the house of
origin by January 31 of the second calendar year of the biennium may
no longer be acted on by the house. No bill may be passed by either
house on or after September 1 of an even-numbered year except
statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and
urgency statutes, and bills passed after being vetoed by the
Governor.
(d) The Legislature may not present any bill to the Governor after
November 15 of the second calendar year of the biennium of the
legislative session.
(e) The Governor may reduce or eliminate one or more items of
appropriation while approving other portions of a bill. The Governor
shall append to the bill a statement of the items reduced or
eliminated with the reasons for the action. The Governor shall
transmit to the house originating the bill a copy of the statement
and reasons. Items reduced or eliminated shall be separately
reconsidered and may be passed over the Governor's veto in the same
manner as bills.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 11. The Legislature or either house may by resolution provide
for the selection of committees necessary for the conduct of its
business, including committees to ascertain facts and make
recommendations to the Legislature on a subject within the scope of
legislative control.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 12. (a) Within the first 10 days of each calendar year, the
Governor shall submit to the Legislature, with an explanatory
message, a budget for the ensuing fiscal year containing itemized
statements for recommended state expenditures and estimated state
revenues. If recommended expenditures exceed estimated revenues, the
Governor shall recommend the sources from which the additional
revenues should be provided.
(b) The Governor and the Governor-elect may require a state
agency, officer or employee to furnish whatever information is deemed
necessary to prepare the budget.
(c) The budget shall be accompanied by a budget bill itemizing
recommended expenditures. The bill shall be introduced immediately
in each house by the persons chairing the committees that consider
appropriations. The Legislature shall pass the budget bill by
midnight on June 15 of each year. Until the budget bill has been
enacted, the Legislature shall not send to the Governor for
consideration any bill appropriating funds for expenditure during the
fiscal year for which the budget bill is to be enacted, except
emergency bills recommended by the Governor or appropriations for the
salaries and expenses of the Legislature.
(d) No bill except the budget bill may contain more than one item
of appropriation, and that for one certain, expressed purpose.
Appropriations from the General Fund of the State, except
appropriations for the public schools, are void unless passed in each
house by rollcall vote entered in the journal, two thirds of the
membership concurring.
(e) The Legislature may control the submission, approval, and
enforcement of budgets and the filing of claims for all state
agencies.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 13. A member of the Legislature may not, during the term for
which the member is elected, hold any office or employment under the
State other than an elective office.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 14. A member of the Legislature is not subject to civil
process during a session of the Legislature or for 5 days before and
after a session.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 15. A person who seeks to influence the vote or action of a
member of the Legislature in the member's legislative capacity by
bribery, promise of reward, intimidation, or other dishonest means,
or a member of the Legislature so influenced, is guilty of a felony.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 16. (a) All laws of a general nature have uniform operation.
(b) A local or special statute is invalid in any case if a general
statute can be made applicable.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 17. The Legislature has no power to grant, or to authorize a
city, county, or other public body to grant, extra compensation or
extra allowance to a public officer, public employee, or contractor
after service has been rendered or a contract has been entered into
and performed in whole or in part, or to authorize the payment of a
claim against the State or a city, county, or other public body under
an agreement made without authority of law.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 18. (a) The Assembly has the sole power of impeachment.
Impeachments shall be tried by the Senate. A person may not be
convicted unless, by rollcall vote entered in the journal, two thirds
of the membership of the Senate concurs.
(b) State officers elected on a statewide basis, members of the
State Board of Equalization, and judges of state courts are subject
to impeachment for misconduct in office. Judgment may extend only to
removal from office and disqualification to hold any office under
the State, but the person convicted or acquitted remains subject to
criminal punishment according to law.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 19. (a) The Legislature has no power to authorize lotteries,
and shall prohibit the sale of lottery tickets in the State.
(b) The Legislature may provide for the regulation of horse races
and horse race meetings and wagering on the results.
(c) Notwithstanding subdivision (a), the Legislature by statute
may authorize cities and counties to provide for bingo games, but
only for charitable purposes.
(d) Notwithstanding subdivision (a), there is authorized the
establishment of a California State Lottery.
(e) The Legislature has no power to authorize, and shall prohibit,
casinos of the type currently operating in Nevada and New Jersey.
(f) Notwithstanding subdivisions (a) and (e), and any other
provision of state law, the Governor is authorized to negotiate and
conclude compacts, subject to ratification by the Legislature, for
the operation of slot machines and for the conduct of lottery games
and banking and percentage card games by federally recognized Indian
tribes on Indian lands in California in accordance with federal law.
Accordingly, slot machines, lottery games, and banking and
percentage card games are hereby permitted to be conducted and
operated on tribal lands subject to those compacts.
(f) Notwithstanding subdivision (a), the Legislature may authorize
private, nonprofit, eligible organizations, as defined by the
Legislature, to conduct raffles as a funding mechanism to provide
support for their own or another private, nonprofit, eligible
organization's beneficial and charitable works, provided that (1) at
least 90 percent of the gross receipts from the raffle go directly to
beneficial or charitable purposes in California, and (2) any person
who receives compensation in connection with the operation of a
raffle is an employee of the private nonprofit organization that is
conducting the raffle. The Legislature, two-thirds of the membership
of each house concurring, may amend the percentage of gross receipts
required by this subdivision to be dedicated to beneficial or
charitable purposes by means of a statute that is signed by the
Governor.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 20. (a) The Legislature may provide for division of the State
into fish and game districts and may protect fish and game in
districts or parts of districts.
(b) There is a Fish and Game Commission of 5 members appointed by
the Governor and approved by the Senate, a majority of the membership
concurring, for 6-year terms and until their successors are
appointed and qualified. Appointment to fill a vacancy is for the
unexpired portion of the term. The Legislature may delegate to the
commission such powers relating to the protection and propagation of
fish and game as the Legislature sees fit. A member of the
commission may be removed by concurrent resolution adopted by each
house, a majority of the membership concurring.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 21. To meet the needs resulting from war-caused or
enemy-caused disaster in California, the Legislature may provide for:
(a) Filling the offices of members of the Legislature should at
least one fifth of the membership of either house be killed, missing,
or disabled, until they are able to perform their duties or
successors are elected.
(b) Filling the office of Governor should the Governor be killed,
missing, or disabled, until the Governor or the successor designated
in this Constitution is able to perform the duties of the office of
Governor or a successor is elected.
(c) Convening the Legislature.
(d) Holding elections to fill offices that are elective under this
Constitution and that are either vacant or occupied by persons not
elected thereto.
(e) Selecting a temporary seat of state or county government.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 22. It is the right of the people to hold their legislators
accountable. To assist the people in exercising this right, at the
convening of each regular session of the Legislature, the President
pro Tempore of the Senate, the Speaker of the Assembly, and the
minority leader of each house shall report to their house the goals
and objectives of that house during that session and, at the close of
each regular session, the progress made toward meeting those goals
and objectives.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
SEC. 28. (a) Notwithstanding any other provision of this
Constitution, no bill shall take effect as an urgency statute if it
authorizes or contains an appropriation for either (1) the alteration
or modification of the color, detail, design, structure or fixtures
of the historically restored areas of the first, second, and third
floors and the exterior of the west wing of the State Capitol from
that existing upon the completion of the project of restoration or
rehabilitation of the building conducted pursuant to Section 9124 of
the Government Code as such section read upon the effective date of
this section, or (2) the purchase of furniture of different design to
replace that restored, replicated, or designed to conform to the
historic period of the historically restored areas specified above,
including the legislators' chairs and desks in the Senate and
Assembly Chambers.
(b) No expenditures shall be made in payment for any of the
purposes described in subdivision (a) of this section unless funds
are appropriated expressly for such purposes.
(c) This section shall not apply to appropriations or expenditures
for ordinary repair and maintenance of the State Capitol building,
fixtures and furniture.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SECTION 1. The supreme executive power of this State is vested in
the Governor. The Governor shall see that the law is faithfully
executed.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 2. The Governor shall be elected every fourth year at the same
time and places as members of the Assembly and hold office from the
Monday after January 1 following the election until a successor
qualifies. The Governor shall be an elector who has been a citizen
of the United States and a resident of this State for 5 years
immediately preceding the Governor's election. The Governor may not
hold other public office. No Governor may serve more than 2 terms.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 3. The Governor shall report to the Legislature each calendar
year on the condition of the State and may make recommendations.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 4. The Governor may require executive officers and agencies
and their employees to furnish information relating to their duties.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 5. (a) Unless the law otherwise provides, the Governor may
fill a vacancy in office by appointment until a successor qualifies.
(b) Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant Governor,
Secretary of State, Controller, Treasurer, or Attorney General, or on
the State Board of Equalization, the Governor shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term. In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 6. Authority may be provided by statute for the Governor to
assign and reorganize functions among executive officers and agencies
and their employees, other than elective officers and agencies
administered by elective officers.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 7. The Governor is commander in chief of a militia that shall
be provided by statute. The Governor may call it forth to execute
the law.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 8. (a) Subject to application procedures provided by statute,
the Governor, on conditions the Governor deems proper, may grant a
reprieve, pardon, and commutation, after sentence, except in case of
impeachment. The Governor shall report to the Legislature each
reprieve, pardon, and commutation granted, stating the pertinent
facts and the reasons for granting it. The Governor may not grant a
pardon or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court, 4 judges concurring.
(b) No decision of the parole authority of this State with respect
to the granting, denial, revocation, or suspension of parole of a
person sentenced to an indeterminate term upon conviction of murder
shall become effective for a period of 30 days, during which the
Governor may review the decision subject to procedures provided by
statute. The Governor may only affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
which the parole authority is required to consider. The Governor
shall report to the Legislature each parole decision affirmed,
modified, or reversed, stating the pertinent facts and reasons for
the action.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 9. The Lieutenant Governor shall have the same qualifications
as the Governor. The Lieutenant Governor is President of the Senate
but has only a casting vote.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 10. The Lieutenant Governor shall become Governor when a
vacancy occurs in the office of Governor.
The Lieutenant Governor shall act as Governor during the
impeachment, absence from the State, or other temporary disability of
the Governor or of a Governor-elect who fails to take office.
The Legislature shall provide an order of precedence after the
Lieutenant Governor for succession to the office of Governor and for
the temporary exercise of the Governor's functions.
The Supreme Court has exclusive jurisdiction to determine all
questions arising under this section.
Standing to raise questions of vacancy or temporary disability is
vested exclusively in a body provided by statute.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 11. The Lieutenant Governor, Attorney General, Controller,
Secretary of State, and Treasurer shall be elected at the same time
and places and for the same term as the Governor. No Lieutenant
Governor, Attorney General, Controller, Secretary of State, or
Treasurer may serve in the same office for more than 2 terms.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 13. Subject to the powers and duties of the Governor, the
Attorney General shall be the chief law officer of the State. It
shall be the duty of the Attorney General to see that the laws of the
State are uniformly and adequately enforced. The Attorney General
shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be
designated by law, in all matters pertaining to the duties of their
respective offices, and may require any of said officers to make
reports concerning the investigation, detection, prosecution, and
punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable. Whenever in the opinion of the
Attorney General any law of the State is not being adequately
enforced in any county, it shall be the duty of the Attorney General
to prosecute any violations of law of which the superior court shall
have jurisdiction, and in such cases the Attorney General shall have
all the powers of a district attorney. When required by the public
interest or directed by the Governor, the Attorney General shall
assist any district attorney in the discharge of the duties of that
office.
CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE
SEC. 14. (a) To eliminate any appearance of a conflict with the
proper discharge of his or her duties and responsibilities, no state
officer may knowingly receive any salary, wages, commissions, or
other similar earned income from a lobbyist or lobbying firm, as
defined by the Political Reform Act of 1974, or from a person who,
during the previous 12 months, has been under a contract with the
state agency under the jurisdiction of the state officer. The
Legislature shall enact laws that define earned income. However,
earned income does not include any community property interest in the
income of a spouse. Any state officer who knowingly receives any
salary, wages, commissions, or other similar earned income from a
lobbyist employer, as defined by the Political Reform Act of 1974,
may not, for a period of one year following its receipt, vote upon or
make, participate in making, or in any way attempt to use his or her
official position to influence an action or decision before the
agency for which the state officer serves, other than an action or
decision involving a bill described in subdivision (c) of Section 12
of Article IV, which he or she knows, or has reason to know, would
have a direct and significant financial impact on the lobbyist
employer and would not impact the public generally or a significant
segment of the public in a similar manner. As used in this
subdivision, "public generally" includes an industry, trade, or
profession.
(b) No state officer may accept any honorarium. The Legislature
shall enact laws that implement this subdivision.
(c) The Legislature shall enact laws that ban or strictly limit
the acceptance of a gift by a state officer from any source if the
acceptance of the gift might create a conflict of interest.
(d) No state officer may knowingly accept any compensation for
appearing, agreeing to appear, or taking any other action on behalf
of another person before any state government board or agency. If a
state officer knowingly accepts any compensation for appearing,
agreeing to appear, or taking any other action on behalf of another
person before any local government board or agency, the state officer
may not, for a period of one year following the acceptance of the
compensation, make, participate in making, or in any way attempt to
use his or her official position to influence an action or decision
before the state agency for which the state officer serves, other
than an action or decision involving a bill described in subdivision
(c) of Section 12 of Article IV, which he or she knows, or has reason
to know, would have a direct and significant financial impact on
that person and would not impact the public generally or a
significant segment of the public in a similar manner. As used in
this subdivision, "public generally" includes an industry, trade, or
profession. However, a state officer may engage in activities
involving a board or agency which are strictly on his or her own
behalf, appear in the capacity of an attorney before any court or the
Workers' Compensation Appeals Board, or act as an advocate without
compensation or make an inquiry for information on behalf of a person
before a board or agency. This subdivision does not prohibit any
action of a partnership or firm of which the state officer is a
member if the state officer does not share directly or indirectly in
the fee, less any expenses attributable to that fee, resulting from
that action.
(e) The Legislature shall enact laws that prohibit a state
officer, or a secretary of an agency or director of a department
appointed by the Governor, who has not resigned or retired from state
service prior to January 7, 1991, from lobbying, for compensation,
as governed by the Political Reform Act of 1974, before the executive
branch of state government for 12 months after leaving office.
(f) "State officer," as used in this section, means the Governor,
Lieutenant Governor, Attorney General, Controller, Insurance
Commissioner, Secretary of State, Superintendent of Public
Instruction, Treasurer, and member of the State Board of
Equalization.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 1. The judicial power of this State is vested in the Supreme
Court, courts of appeal, superior courts, and municipal courts, all
of which are courts of record.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 2. The Supreme Court consists of the Chief Justice of
California and 6 associate justices. The Chief Justice may convene
the court at any time. Concurrence of 4 judges present at the
argument is necessary for a judgment.
An acting Chief Justice shall perform all functions of the Chief
Justice when the Chief Justice is absent or unable to act. The Chief
Justice or, if the Chief Justice fails to do so, the court shall
select an associate justice as acting Chief Justice.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 3. The Legislature shall divide the State into districts each
containing a court of appeal with one or more divisions. Each
division consists of a presiding justice and 2 or more associate
justices. It has the power of a court of appeal and shall conduct
itself as a 3-judge court. Concurrence of 2 judges present at the
argument is necessary for a judgment.
An acting presiding justice shall perform all functions of the
presiding justice when the presiding justice is absent or unable to
act. The presiding justice or, if the presiding justice fails to do
so, the Chief Justice shall select an associate justice of that
division as acting presiding justice.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 4. In each county there is a superior court of one or more
judges. The Legislature shall prescribe the number of judges and
provide for the officers and employees of each superior court. If
the governing body of each affected county concurs, the Legislature
may provide that one or more judges serve more than one superior
court.
In each superior court there is an appellate division. The Chief
Justice shall assign judges to the appellate division for specified
terms pursuant to rules, not inconsistent with statute, adopted by
the Judicial Council to promote the independence of the appellate
division.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 5. (a) Each county shall be divided into municipal court
districts as provided by statute, but a city may not be divided into
more than one district. Each municipal court shall have one or more
judges. Each municipal court district shall have no fewer than
40,000 residents; provided that each county shall have at least one
municipal court district. The number of residents shall be
determined as provided by statute.
(b) On the operative date of this subdivision, all existing
justice courts shall become municipal courts, and the number,
qualifications, and compensation of judges, officers, attaches, and
employees shall continue until changed by the Legislature. Each
judge of a part-time municipal court is deemed to have agreed to
serve full time and shall be available for assignment by the Chief
Justice for the balance of time necessary to comprise a full-time
workload.
(c) The Legislature shall provide for the organization and
prescribe the jurisdiction of municipal courts. It shall prescribe
for each municipal court the number, qualifications, and compensation
of judges, officers, and employees.
(d) Notwithstanding subdivision (a), any city in San Diego County
may be divided into more than one municipal court district if the
Legislature determines that unusual geographic conditions warrant
such division.
(e) Notwithstanding subdivision (a), the municipal and superior
courts shall be unified upon a majority vote of superior court judges
and a majority vote of municipal court judges within the county. In
those counties, there shall be only a superior court.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 6. The Judicial Council consists of the Chief Justice and one
other judge of the Supreme Court, 3 judges of courts of appeal, 5
judges of superior courts, 5 judges of municipal courts, 2 nonvoting
court administrators, and such other nonvoting members as determined
by the voting membership of the council, each appointed by the Chief
Justice for a 3-year term pursuant to procedures established by the
council; 4 members of the State Bar appointed by its governing body
for 3-year terms; and one member of each house of the Legislature
appointed as provided by the house. Vacancies in the memberships on
the Judicial Council otherwise designated for municipal court judges
shall be filled by judges of the superior court in the case of
appointments made when fewer than 10 counties have municipal courts.
Council membership terminates if a member ceases to hold the
position that qualified the member for appointment. A vacancy shall
be filled by the appointing power for the remainder of the term.
The council may appoint an Administrative Director of the Courts,
who serves at its pleasure and performs functions delegated by the
council or the Chief Justice, other than adopting rules of court
administration, practice and procedure.
To improve the administration of justice the council shall survey
judicial business and make recommendations to the courts, make
recommendations annually to the Governor and Legislature, adopt rules
for court administration, practice and procedure, and perform other
functions prescribed by statute. The rules adopted shall not be
inconsistent with statute.
The Chief Justice shall seek to expedite judicial business and to
equalize the work of judges. The Chief Justice may provide for the
assignment of any judge to another court but only with the judge's
consent if the court is of lower jurisdiction. A retired judge who
consents may be assigned to any court.
Judges shall report to the council as the Chief Justice directs
concerning the condition of judicial business in their courts. They
shall cooperate with the council and hold court as assigned.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 7. The Commission on Judicial Appointments consists of the
Chief Justice, the Attorney General, and the presiding justice of the
court of appeal of the affected district or, if there are 2 or more
presiding justices, the one who has presided longest or, when a
nomination or appointment to the Supreme Court is to be considered,
the presiding justice who has presided longest on any court of
appeal.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 8. (a) The Commission on Judicial Performance consists of one
judge of a court of appeal, one judge of a superior court, and one
judge of a municipal court, each appointed by the Supreme Court; 2
members of the State Bar of California who have practiced law in this
State for 10 years, each appointed by the Governor; and 6 citizens
who are not judges, retired judges, or members of the State Bar of
California, 2 of whom shall be appointed by the Governor, 2 by the
Senate Committee on Rules, and 2 by the Speaker of the Assembly.
Except as provided in subdivisions (b) and (c), all terms are for 4
years. No member shall serve more than 2 4-year terms, or for more
than a total of 10 years if appointed to fill a vacancy. A vacancy
in the membership on the Commission on Judicial Performance otherwise
designated for a municipal court judge shall be filled by a judge of
the superior court in the case of an appointment made when fewer
than 10 counties have municipal courts.
(b) Commission membership terminates if a member ceases to hold
the position that qualified the member for appointment. A vacancy
shall be filled by the appointing power for the remainder of the
term. A member whose term has expired may continue to serve until
the vacancy has been filled by the appointing power. Appointing
powers may appoint members who are already serving on the commission
prior to March 1, 1995, to a single 2-year term, but may not appoint
them to an additional term thereafter.
(c) To create staggered terms among the members of the Commission
on Judicial Performance, the following members shall be appointed, as
follows:
(1) Two members appointed by the Supreme Court to a term
commencing March 1, 1995, shall each serve a term of 2 years and may
be reappointed to one full term.
(2) One attorney appointed by the Governor to a term commencing
March 1, 1995, shall serve a term of 2 years and may be reappointed
to one full term.
(3) One citizen member appointed by the Governor to a term
commencing March 1, 1995, shall serve a term of 2 years and may be
reappointed to one full term.
(4) One member appointed by the Senate Committee on Rules to a
term commencing March 1, 1995, shall serve a term of 2 years and may
be reappointed to one full term.
(5) One member appointed by the Speaker of the Assembly to a term
commencing March 1, 1995, shall serve a term of 2 years and may be
reappointed to one full term.
(6) All other members shall be appointed to full 4-year terms
commencing March 1, 1995.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 9. The State Bar of California is a public corporation. Every
person admitted and licensed to practice law in this State is and
shall be a member of the State Bar except while holding office as a
judge of a court of record.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 10. The Supreme Court, courts of appeal, superior courts, and
their judges have original jurisdiction in habeas corpus proceedings.
Those courts also have original jurisdiction in proceedings for
extraordinary relief in the nature of mandamus, certiorari, and
prohibition. The appellate division of the superior court has
original jurisdiction in proceedings for extraordinary relief in the
nature of mandamus, certiorari, and prohibition directed to the
superior court in causes subject to its appellate jurisdiction.
Superior courts have original jurisdiction in all other causes
except those given by statute to other trial courts.
The court may make such comment on the evidence and the testimony
and credibility of any witness as in its opinion is necessary for the
proper determination of the cause.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 11. (a) The Supreme Court has appellate jurisdiction when
judgment of death has been pronounced. With that exception courts of
appeal have appellate jurisdiction when superior courts have
original jurisdiction in causes of a type within the appellate
jurisdiction of the courts of appeal on June 30, 1995, and in other
causes prescribed by statute. When appellate jurisdiction in civil
causes is determined by the amount in controversy, the Legislature
may change the appellate jurisdiction of the courts of appeal by
changing the jurisdictional amount in controversy.
(b) Except as provided in subdivision (a), the appellate division
of the superior court has appellate jurisdiction in causes prescribed
by statute.
(c) The Legislature may permit courts exercising appellate
jurisdiction to take evidence and make findings of fact when jury
trial is waived or not a matter of right.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 12. (a) The Supreme Court may, before decision, transfer to
itself a cause in a court of appeal. It may, before decision,
transfer a cause from itself to a court of appeal or from one court
of appeal or division to another. The court to which a cause is
transferred has jurisdiction.
(b) The Supreme Court may review the decision of a court of appeal
in any cause.
(c) The Judicial Council shall provide, by rules of court, for the
time and procedure for transfer and for review, including, among
other things, provisions for the time and procedure for transfer with
instructions, for review of all or part of a decision, and for
remand as improvidently granted.
(d) This section shall not apply to an appeal involving a judgment
of death.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 13. No judgment shall be set aside, or new trial granted, in
any cause, on the ground of misdirection of the jury, or of the
improper admission or rejection of evidence, or for any error as to
any matter of pleading, or for any error as to any matter of
procedure, unless, after an examination of the entire cause,
including the evidence, the court shall be of the opinion that the
error complained of has resulted in a miscarriage of justice.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 14. The Legislature shall provide for the prompt publication
of such opinions of the Supreme Court and courts of appeal as the
Supreme Court deems appropriate, and those opinions shall be
available for publication by any person.
Decisions of the Supreme Court and courts of appeal that determine
causes shall be in writing with reasons stated.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 15. A person is ineligible to be a judge of a court of record
unless for 5 years immediately preceding selection to a municipal
court or 10 years immediately preceding selection to other courts,
the person has been a member of the State Bar or served as a judge of
a court of record in this State. A judge eligible for municipal
court service may be assigned by the Chief Justice to serve on any
court.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 16. (a) Judges of the Supreme Court shall be elected at large
and judges of courts of appeal shall be elected in their districts at
general elections at the same time and places as the Governor.
Their terms are 12 years beginning the Monday after January 1
following their election, except that a judge elected to an unexpired
term serves the remainder of the term. In creating a new court of
appeal district or division the Legislature shall provide that the
first elective terms are 4, 8, and 12 years.
(b) (1) In counties in which there is no municipal court, judges
of superior courts shall be elected in their counties at general
elections except as otherwise necessary to meet the requirements of
federal law. In the latter case the Legislature, by two-thirds vote
of the membership of each house thereof, with the advice of judges
within the affected court, may provide for their election by the
system prescribed in subdivision (d), or by any other arrangement.
The Legislature may provide that an unopposed incumbent's name not
appear on the ballot.
(2) In counties in which there is one or more municipal court
districts, judges of superior and municipal courts shall be elected
in their counties or districts at general elections. The Legislature
may provide that an unopposed incumbent's name not appear on the
ballot.
(c) Terms of judges of superior courts are 6 years beginning the
Monday after January 1 following their election. A vacancy shall be
filled by election to a full term at the next general election after
the second January 1 following the vacancy, but the Governor shall
appoint a person to fill the vacancy temporarily until the elected
judge's term begins.
(d) Within 30 days before August 16 preceding the expiration of
the judge's term, a judge of the Supreme Court or a court of appeal
may file a declaration of candidacy to succeed to the office
presently held by the judge. If the declaration is not filed, the
Governor before September 16 shall nominate a candidate. At the next
general election, only the candidate so declared or nominated may
appear on the ballot, which shall present the question whether the
candidate shall be elected. The candidate shall be elected upon
receiving a majority of the votes on the question. A candidate not
elected may not be appointed to that court but later may be nominated
and elected.
The Governor shall fill vacancies in those courts by appointment.
An appointee holds office until the Monday after January 1 following
the first general election at which the appointee had the right to
become a candidate or until an elected judge qualifies. A nomination
or appointment by the Governor is effective when confirmed by the
Commission on Judicial Appointments.
Electors of a county, by majority of those voting and in a manner
the Legislature shall provide, may make this system of selection
applicable to judges of superior courts.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 17. A judge of a court of record may not practice law and
during the term for which the judge was selected is ineligible for
public employment or public office other than judicial employment or
judicial office, except a judge of a court of record may accept a
part-time teaching position that is outside the normal hours of his
or her judicial position and that does not interfere with the regular
performance of his or her judicial duties while holding office. A
judge of a trial court of record may, however, become eligible for
election to other public office by taking a leave of absence without
pay prior to filing a declaration of candidacy. Acceptance of the
public office is a resignation from the office of judge.
A judicial officer may not receive fines or fees for personal use.
A judicial officer may not earn retirement service credit from a
public teaching position while holding judicial office.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 18. (a) A judge is disqualified from acting as a judge,
without loss of salary, while there is pending (1) an indictment or
an information charging the judge in the United States with a crime
punishable as a felony under California or federal law, or (2) a
petition to the Supreme Court to review a determination by the
Commission on Judicial Performance to remove or retire a judge.
(b) The Commission on Judicial Performance may disqualify a judge
from acting as a judge, without loss of salary, upon notice of formal
proceedings by the commission charging the judge with judicial
misconduct or disability.
(c) The Commission on Judicial Performance shall suspend a judge
from office without salary when in the United States the judge pleads
guilty or no contest or is found guilty of a crime punishable as a
felony under California or federal law or of any other crime that
involves moral turpitude under that law. If the conviction is
reversed, suspension terminates, and the judge shall be paid the
salary for the judicial office held by the judge for the period of
suspension. If the judge is suspended and the conviction becomes
final, the Commission on Judicial Performance shall remove the judge
from office.
(d) Except as provided in subdivision (f), the Commission on
Judicial Performance may (1) retire a judge for disability that
seriously interferes with the performance of the judge's duties and
is or is likely to become permanent, or (2) censure a judge or former
judge or remove a judge for action occurring not more than 6 years
prior to the commencement of the judge's current term or of the
former judge's last term that constitutes willful misconduct in
office, persistent failure or inability to perform the judge's
duties, habitual intemperance in the use of intoxicants or drugs, or
conduct prejudicial to the administration of justice that brings the
judicial office into disrepute, or (3) publicly or privately admonish
a judge or former judge found to have engaged in an improper action
or dereliction of duty. The commission may also bar a former judge
who has been censured from receiving an assignment, appointment, or
reference of work from any California state court. Upon petition by
the judge or former judge, the Supreme Court may, in its discretion,
grant review of a determination by the commission to retire, remove,
censure, admonish, or disqualify pursuant to subdivision (b) a judge
or former judge. When the Supreme Court reviews a determination of
the commission, it may make an independent review of the record. If
the Supreme Court has not acted within 120 days after granting the
petition, the decision of the commission shall be final.
(e) A judge retired by the commission shall be considered to have
retired voluntarily. A judge removed by the commission is ineligible
for judicial office, including receiving an assignment, appointment,
or reference of work from any California state court, and pending
further order of the court is suspended from practicing law in this
State. The State Bar may institute appropriate attorney disciplinary
proceedings against any judge who retires or resigns from office
with judicial disciplinary charges pending.
(f) A determination by the Commission on Judicial Performance to
admonish or censure a judge or former judge of the Supreme Court or
remove or retire a judge of the Supreme Court shall be reviewed by a
tribunal of 7 court of appeal judges selected by lot.
(g) No court, except the Supreme Court, shall have jurisdiction in
a civil action or other legal proceeding of any sort brought against
the commission by a judge. Any request for injunctive relief or
other provisional remedy shall be granted or denied within 90 days of
the filing of the request for relief. A failure to comply with the
time requirements of this section does not affect the validity of
commission proceedings.
(h) Members of the commission, the commission staff, and the
examiners and investigators employed by the commission shall be
absolutely immune from suit for all conduct at any time in the course
of their official duties. No civil action may be maintained against
a person, or adverse employment action taken against a person, by
any employer, public or private, based on statements presented by the
person to the commission.
(i) The Commission on Judicial Performance shall make rules
implementing this section, including, but not limited to, the
following:
(1) The commission shall make rules for the investigation of
judges. The commission may provide for the confidentiality of
complaints to and investigations by the commission.
(2) The commission shall make rules for formal proceedings against
judges when there is cause to believe there is a disability or
wrongdoing within the meaning of subdivision (d).
(j) When the commission institutes formal proceedings, the notice
of charges, the answer, and all subsequent papers and proceedings
shall be open to the public for all formal proceedings instituted
after February 28, 1995.
(k) The commission may make explanatory statements.
(l) The budget of the commission shall be separate from the budget
of any other state agency or court.
(m) The Supreme Court shall make rules for the conduct of judges,
both on and off the bench, and for judicial candidates in the conduct
of their campaigns. These rules shall be referred to as the Code of
Judicial Ethics.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 18.1. The Commission on Judicial Performance shall exercise
discretionary jurisdiction with regard to the oversight and
discipline of subordinate judicial officers, according to the same
standards, and subject to review upon petition to the Supreme Court,
as specified in Section 18.
No person who has been found unfit to serve as a subordinate
judicial officer after a hearing before the Commission on Judicial
Performance shall have the requisite status to serve as a subordinate
judicial officer.
This section does not diminish or eliminate the responsibility of
a court to exercise initial jurisdiction to discipline or dismiss a
subordinate judicial officer as its employee.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 18.5. (a) Upon request, the Commission on Judicial Performance
shall provide to the Governor of any State of the Union the text of
any private admonishment, advisory letter, or other disciplinary
action together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission'
s action, with respect to any applicant whom the Governor of any
State of the Union indicates is under consideration for any judicial
appointment.
(b) Upon request, the Commission on Judicial Performance shall
provide the President of the United States the text of any private
admonishment, advisory letter, or other disciplinary action together
with any information that the Commission on Judicial Performance
deems necessary to a full understanding of the commission's action,
with respect to any applicant whom the President indicates is under
consideration for any federal judicial appointment.
(c) Upon request, the Commission on Judicial Performance shall
provide the Commission on Judicial Appointments the text of any
private admonishment, advisory letter, or other disciplinary action
together with any information that the Commission on Judicial
Performance deems necessary to a full understanding of the commission
action, with respect to any applicant whom the Commission on
Judicial Appointments indicates is under consideration for any
judicial appointment.
(d) All information released under this section shall remain
confidential and privileged.
(e) Notwithstanding subdivision (d), any information released
pursuant to this section shall also be provided to the applicant
about whom the information was requested.
(f) "Private admonishment" refers to a disciplinary action against
a judge by the Commission on Judicial Performance as authorized by
subdivision (c) of Section 18 of Article VI, as amended November 8,
1988.
CALIFORNIA CONSTITUTION
ARTICLE 6 JUDICIAL
SEC. 19. The Legislature shall prescribe compensation for judges of
courts of record.
A judge of a court of record may not receive the salary for the
judicial office held by the judge while any cause before the judge
remains pending and undetermined for 90 days after it has been
submitted for decision.
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