Article II: Bill of Rights

SECTION 1: FREEDOM OF ASSEMBLY, SPEECH, AND RELIGION

The rights of the people to peaceably assemble and to petition the government for a redress of grievances shall not be infringed. Every person shall be free to speak, write, or publish their sentiments on any subject, being responsible for the abuse of that right. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any preference be given by law to any religious denomination or mode of worship.

SECTION 2: INALIENABLE RIGHTS

All persons are born equally free and independent, and have certain natural, inherent, and inalienable rights, among which are the enjoyment and defense of life and liberty, the acquiring, possessing, and protecting of property, and the pursuit of safety and happiness.

SECTION 3: VESTMENT OF POLITICAL POWER

All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and to alter or abolish their constitution and form of government whenever they may deem it necessary for their safety and happiness.

SECTION 4: FREEDOM OF ELECTIONS

Every citizen of the State of San Andreas who has attained the age of eighteen years shall have the right to vote in all public elections. The right of suffrage shall be protected from infringement and shall not be denied or abridged on account of race, color, sex, or previous condition of servitude. The legislature shall secure the purity of elections by law and shall guard against the abuse of the electoral process.

SECTION 5: DUE PROCESS OF LAW

In all criminal prosecutions, the accused shall have the right to a speedy public trial, and to a jury trial. The accused shall also have the right to be heard by self and counsel, and to have the right to demand the nature and cause of the accusation against them, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in their behalf. No person shall be compelled to testify against themselves in any criminal case, nor shall any person be deprived of life, liberty, or property without due process of law.

SECTION 6: SEARCHES AND SEIZURES

The right of the people to be secure in their persons, houses, papers, and possessions against unreasonable searches and seizures shall not be violated. A warrant may not be issued except upon probable cause, supported by a sworn statement, and specifically describing the place to be searched and the persons or items to be seized. This protection shall extend to any communication, data, or electronic record.

SECTION 7: CRUEL AND UNUSUAL PUNISHMENTS

Excessive bail shall not be required, nor shall excessive fines be imposed. The infliction of cruel and unusual punishments is hereby prohibited. No person shall be imprisoned for a failure to pay a debt unless said debt arose from a fraudulent act or a breach of trust, as provided for by law.

SECTION 8: NONDISCRIMINATION

The State of San Andreas shall not deny to any person within its jurisdiction the equal protection of the laws. No law shall be passed which discriminates against any person on account of gender, race, religion, ethnicity, sex, gender identity, sexual orientation, disability status, or political affiliation. This provision shall apply to the enjoyment of all civil, political, and human rights.

SECTION 9: SAME-SEX MARRIAGE

The right of a person to enter into the institution of marriage shall not be abridged or denied on account of sex, gender, gender identity, race, or sexual orientation. All laws respecting marriage shall apply equally to all persons, and the State shall give full faith and credit to all marriages validly contracted under its laws or the laws of any other jurisdiction.

SECTION 10: ABORTION

The right of an individual to privacy extends to decisions concerning their reproductive health. The State of San Andreas shall not interfere with an individual's right to choose whether to continue a pregnancy. In cases of rape or incest, the State shall provide and fund all necessary abortion services.

SECTION 11: PRIVACY

The right of the people to be secure against governmental and corporate intrusion into their private affairs is inviolable. No entity, public or private, shall collect, sell, or disclose the personal information of any individual without their explicit consent, unless a valid warrant has been issued upon probable cause in a manner prescribed by law. All healthcare and educational documents are considered confidential and shall not be released by any government or corporate entity without the explicit consent of the individual to whom they belong. This provision does not apply to disclosures required by a lawful warrant issued upon probable cause.

SECTION 12: ASSET FORFEITURE

The State of San Andreas shall not exercise the power of civil asset forfeiture. The government may not seize or forfeit a person’s property unless and until the owner is first convicted of a crime, and such property is proven to have been directly used in the commission of said crime.

SECTION 13: MILITIAS

A well-regulated militia is essential for the security of a free State, and shall remain at all times under the strict control of the civil authority. The right of the people to keep and bear arms for their defense shall not be infringed. No militia or armed body in the service of the State shall be employed to coerce, threaten, or otherwise violate the rights of the people of this State who are acting in a law-abiding manner.

SECTION 14: FREEDOM OF INFORMATION

The government of the State of San Andreas shall be transparent and accountable to its citizens. The right of the people to be informed of the actions, proceedings, and deliberations of the State and its political subdivisions is hereby declared to be a fundamental and essential right. This right shall include, but not be limited to, the right of access to public records, the right to attend public meetings, and the right to information regarding the official conduct of public officers. The legislature shall provide for such reasonable exceptions as may be deemed necessary, but such exceptions shall be narrowly construed in favor of the public's right to know.

SECTION 15: CITIZEN VETO OF LEGISLATIVE ACTS

(a) The people of the State of San Andreas reserve unto themselves the power to veto any Act, or any portion thereof, passed by the General Assembly.

(b) Within ninety (90) days after the final adjournment of the legislative session in which such Act was passed, a petition requesting a referendum on said Act may be filed with the Secretary of State. Such petition shall bear the signatures of registered electors equal in number to at least twenty-five (25%) of qualified electors statewide.

(c) Upon verification of the petition, the Secretary of State shall submit the challenged Act, or portion thereof, to the qualified voters of the State at the next general or coordinated election, or at a special election if so designated by the Governor.

(d) The ballot shall provide the options “Yes” (to approve the Act) and “No” (to reject the Act). If a majority of the votes cast are “No,” the Act, or the portion thereof in question, shall be repealed and have no further force or effect.

(e) No Act subject to a pending referendum shall take effect until the result of the vote is certified, except those necessary for the immediate preservation of public peace, health, or safety, expressly declared as such by two-thirds (2/3) of the members of the General Assembly.

(f) The General Assembly shall enact such laws as are necessary to carry this section into effect.