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4. Certain corporations not to be discriminated against.

5. Compensation of public officers and employees subject to taxation.

ARTICLE XVII

SOCIAL WELFARE

1. Public relief and care.

2. State board of social welfare; powers and duties. 3. Public health.

4. Care and treatment of persons suffering from mental disorder or defect; visitation of institutions for.

5. Institutions for detention of criminals; probation; parole; state commission of correction. 6. Visitation and inspection.

ARTICLE XVIII

HOUSING

§ 1. Housing for persons of low income; slum clear

ance.

2. Idem; powers of legislature in aid of.

3. Article VII to apply to state debts under this article, with certain exceptions; capital and periodic subsidies.

4. Powers of cities, towns and villages to contract indebtedness in aid of low rent housing and slum clearance projects; restrictions thereon. 5. Liability for certain loans made by the state to certain public corporations.

6. Loans and subsidies; restrictions on and preference in occupancy of projects.

§ 7. Liability arising from guarantees to be deemed indebtedness; method of computing.

8. Excess condemnation.

9. Acquisition of property for purposes of article. 10. Power of legislature; construction of article.

ARTICLE XIX

AMENDMENTS TO CONSTITUTION

§ 1. Amendments to constitution; how proposed, voted upon and ratified; failure of attorney-general to render opinion not to affect validity.

2. Future constitutional conventions; how called; election of delegates; compensation; quorum; submission of amendments; officers; employees; rules; vacancies.

3. Amendments simultaneously submitted by convention and legislature.

ARTICLE XX

WHEN TO TAKE EFFECT,

§ 1. Time of taking effect.

THE CONSTITUTION

*[Preamble.] WE, THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

ARTICLE I

BILL OF RIGHTS

*[Rights, privileges and franchise secured.] Section 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

[Trial by jury; how waived.] § 2. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case. A jury trial may be waived by the defendant in all criminal cases, except those in which the crime charged may be punishable by death, by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try

* [Explanatory note. Section headings are enclosed in brackets throughout the constitution to indicate that they are not a part of the official text. Except where otherwise specifically indicated, the section has been re-enacted without change by the Constitutional Convention of 1938 and re-adopted by vote of the people November 8, 1938.]

the offense. The legislature may enact laws, not inconsistent herewith, governing the form, content, manner and time of presentation of the instrument effectuating such waiver. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)

[Freedom of worship; religious liberty.] § 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be SO construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

[Habeas corpus.] § 4. The privilege of a writ or order of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)

[Bail; fines; punishments; detention of witnesses.] § 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

[Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal.] § 6. No person shall be held to for a capital or otherwise infamous crime (except in cases of im

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peachment, and in cases of militia when in actual service, and the land, air and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature), unless on indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions and shall be informed of the nature and cause of the accusation and be confronted with the witnesses against him. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his office or the performance of his official duties, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years, and shall be removed from office by the appropriate authority or shall forfeit his office at the suit of the attorney-general. The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

No person shall be deprived of life, liberty or property without due process of law. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 8, 1949.)

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