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CIVIL RIGHTS LAW

Laws 1909, Chap. 14.

AN ACT relating to civil rights, constituting chapter six of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 6 OF THE CONSOLIDATED LAWS

CIVIL RIGHTS LAW

Article 1. Short title (§ 1).

2. Bill of rights (§§ 2-14).

3. Privilege from arrest (§§ 20-26).

4. Equal rights in places of public accommodation and amusement (§§ 40, 41).

5. Right of privacy (§§ 50, 51).

6. Laws repealed; when to take effect (§§ 60, 61).

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§ 1. Short title. This chapter shall be known as the " Civil Rights Law."

Section

ARTICLE 2

Bill of Rights

2. Supreme sovereignty in the people.

3. Levying taxes and charges.

4. Right to keep and bear arms.

5. Military service by citizens.

6. Exemption from military service.

7. Quartering soldiers.

8. Right of search and seizure.

9. Freedom of elections.

Section 10. Justice to be administered without favor and speedily. 11. Fines must be reasonable and imposed only for cause. 12. Rights of persons accused of crime.

13. Right to serve on juries.

14. Jurors not to be questioned for verdicts.

§ 2. Supreme sovereignty in the people. No authority can, on any pretence whatsoever, be exercised over the citizens of this state, but such as is or shall be derived from and granted by the people of this state.

§ 3. Levying taxes and charges. No tax, duty, aid or imposition whatsoever, except such as may be laid by a law of the United States, can be taken or levied within this state, without the grant and assent of the people of this state, by their representatives in senate and assembly; and no citizen of this state can be by any means compelled to contribute to any gift, loan, tax, or other like charge, not laid or imposed by a law of the United States, or by the legislature of this state.

§ 4. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

§ 5. Military service by citizens. No citizen of this state can be constrained to arm himself, or to go out of this state, or to find soldiers or men of arms, either horsemen or footmen, without the grant and assent of the people of this state, by their representatives in senate and assembly, except in the cases specially provided for by the constitution of the United States.

§ 6. Exemption from military service. All such inhabitants of this state of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, are to be excused therefrom by paying to the state an equivalent in money; and the legislature is required to provide by law for the collection of such equivalent, to be estimated according to the expense, in time and money, of an ordinary able-bodied militia

man.

§ 7. Quartering soldiers. No soldier can in time of peace be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

§ 8. Right of search and seizure. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, ought not to be vio

lated; and no warrants can issue but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

§ 9. Freedom of elections. All elections ought to be free; and no person by force of arms, malice, menacing, or otherwise, should presume to disturb or hinder any citizen of this state in the free exercise of the right of suffrage.

§ 10. Justice to be administered without favor and speedily. Neither justice nor right should be sold to any person, nor denied, nor deferred; and writs and process ought to be granted freely and without delay, to all persons requiring the same, on payment of the fees established by law.

§ 11. Fines must be reasonable and imposed only for cause. No citizen of this state ought to be fined or amerced without reasonable cause, and such fine or amercement should always be proportioned to the nature of the offense.

§ 12. Rights of persons accused of crime. In all criminal prosecutions, the accused has a right to a speedy and public trial, by an impartial jury, and is entitled to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor. An alien is not entitled to a jury, composed in part of aliens or strangers, in an action or special proceeding civil or criminal.

§ 13. Right to serve on juries. No citizen of the state possessing all other qualifications which are or may be required or prescribed by law, shall be disqualified to serve as grand or petit juror in any court of this state on account of race, creed or color, and any person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor and be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days, nor more than ninety days, or both such fine and imprisonment.

§ 14. Jurors not to be questioned for verdicts. A juror shall not be questioned, and is not subject to an action, or other liability civil or criminal, for a verdict rendered by him, in an action in a court of record, or not of record, or in a special proceeding before an officer, except by indictment, for corrupt conduct, in a case prescribed by law.

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