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.

SECTION 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periodical publication, or for refusing to disclose any unpublished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so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.
 As used in this subdivision, "unpublished information" includes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.

SECTION 3.  (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
 (b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
   (2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access.  A statute, court rule,
or other authority adopted after the effective date of this
subdivision that limits the right of access shall be adopted with
findings demonstrating the interest protected by the limitation and
the need for protecting that interest.
   (3) Nothing in this subdivision supersedes or modifies the right
of privacy guaranteed by Section 1 or affects the construction of any
statute, court rule, or other authority to the extent that it
protects that right to privacy, including any statutory procedures
governing discovery or disclosure of information concerning the
official performance or professional qualifications of a peace
officer.
   (4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.
   (5) This subdivision does not repeal or nullify, expressly or by
implication, any constitutional or statutory exception to the right
of access to public records or meetings of public bodies that is in
effect on the effective date of this subdivision, including, but not
limited to, any statute protecting the confidentiality of law
enforcement and prosecution records.
   (6) Nothing in this subdivision repeals, nullifies, supersedes, or
modifies protections for the confidentiality of proceedings and
records of the Legislature, the Members of the Legislature, and its
employees, committees, and caucuses provided by Section 7 of Article IV, state law, or legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations of the Legislature, the Members of the Legislature, and its employees,
committees, and caucuses.

SECTION 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.

SECTION 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.

SECTION 6.  Slavery is prohibited.  Involuntary servitude is prohibited except to punish crime.

SECTION 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.

SECTION 7.5.  Only marriage between a man and a woman is valid or recognized in California.

SECTION 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.

SECTION 9.  A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.

SECTION 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.

SECTION 11.  Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 14.1. If a felony is prosecuted by indictment, there shall be no post indictment preliminary hearing.

SECTION 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.

SECTION 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.

SECTION 17.  Cruel or unusual punishment may not be inflicted or
excessive fines imposed.

SECTION 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.

SECTION 19.  (a) Private property may be taken or damaged for a public use and 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.
 (b) The State and local governments are prohibited from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person.
 (c) Subdivision (b) of this section does not apply when State or
local government exercises the power of eminent domain for the
purpose of protecting public health and safety; preventing serious,
repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety.
(d) Subdivision (b) of this section does not apply when State or
local government exercises the power of eminent domain for the
purpose of acquiring private property for a public work or
improvement.
(e) For the purpose of this section:
   1. "Conveyance" means a transfer of real property whether by sale, lease, gift, franchise, or otherwise.
   2. "Local government" means any city, including a charter city,
county, city and county, school district, special district,
authority, regional entity, redevelopment agency, or any other
political subdivision within the State.
   3. "Owner-occupied residence" means real property that is improved with a single-family residence such as a detached home, condominium, or townhouse and that is the owner or owners' principal place of residence for at least one year prior to the State or local government's initial written offer to purchase the property.
Owner-occupied residence also includes a residential dwelling unit
attached to or detached from such a single-family residence which
provides complete independent living facilities for one or more
persons.
   4. "Person" means any individual or association, or any business
entity, including, but not limited to, a partnership, corporation, or
limited liability company.
   5. "Public work or improvement" means facilities or infrastructure
for the delivery of public services such as education, police, fire
protection, parks, recreation, emergency medical, public health,
libraries, flood protection, streets or highways, public transit,
railroad, airports and seaports; utility, common carrier or other
similar projects such as energy-related, communication-related,
water-related and wastewater-related facilities or infrastructure;
projects identified by a State or local government for recovery from
natural disasters; and private uses incidental to, or necessary for,
the public work or improvement.
   6. "State" means the State of California and any of its agencies
or departments.

SECTION 20.  Non citizens have the same property rights as citizens.

SECTION 21.  Property owned before marriage or acquired during marriage by gift, will, or inheritance is separate property.

SECTION 22.  The right to vote or hold office may not be conditioned by a property qualification.

SECTION 23.  One or more grand juries shall be drawn and summoned at least once a year in each county.

SECTION 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.

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.

SECTION 26.  The provisions of this Constitution are mandatory and
prohibitory, unless by express words they are declared to be
otherwise.

SECTION 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.

SECTION 28.  (a) The People of the State of California find and declare all of the following:
   (1) Criminal activity has a serious impact on the citizens of
California. The rights of victims of crime and their families in
criminal prosecutions are a subject of grave statewide concern.
   (2) Victims of crime are entitled to have the criminal justice
system view criminal acts as serious threats to the safety and
welfare of the people of California. The enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California's victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity.
   (3) The rights of victims pervade the criminal justice system.
These rights include personally held and enforceable rights described in paragraphs (1) through (17) of subdivision (b).
   (4) The rights of victims also include broader shared collective
rights that are held in common with all of the People of the State of
California and that are enforceable through the enactment of laws
and through good-faith efforts and actions of California's elected,
appointed, and publicly employed officials. These rights encompass
the expectation shared with all of the people of California that
persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained in custody, brought before the courts of California even if arrested outside the State, tried by the courts in a timely manner, sentenced, and sufficiently punished so that the public safety is protected and encouraged as a goal of highest importance.
   (5) Victims of crime have a collectively shared right to expect
that persons convicted of committing criminal acts are sufficiently
punished in both the manner and the length of the sentences imposed by the courts of the State of California. This right includes the right to expect that the punitive and deterrent effect of custodial sentences imposed by the courts will not be undercut or diminished by the granting of rights and privileges to prisoners that are not required by any provision of the United States Constitution or by the laws of this State to be granted to any person incarcerated in a penal or other custodial facility in this State as a punishment or
correction for the commission of a crime.
   (6) Victims of crime are entitled to finality in their criminal
cases. Lengthy appeals and other post-judgment proceedings that
challenge criminal convictions, frequent and difficult parole
hearings that threaten to release criminal offenders, and the ongoing threat that the sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for many years after the crimes themselves have been perpetrated.  This prolonged suffering of crime victims and their families must come to an end.
   (7) Finally, the People find and declare that the right to public
safety extends to public and private primary, elementary, junior
high, and senior high school, and community college, California State University, University of California, and private college and
university campuses, where students and staff have the right to be
safe and secure in their persons.
   (8)(a) To accomplish the goals it is necessary that the laws of
California relating to the criminal justice process be amended in
order to protect the legitimate rights of victims of crime.
   (b) In order to preserve and protect a victim's rights to justice
and due process, a victim shall be entitled to the following rights:

   (1) To be treated with fairness and respect for his or her privacy
and dignity, and to be free from intimidation, harassment, and
abuse, throughout the criminal or juvenile justice process.
   (2) To be reasonably protected from the defendant and persons
acting on behalf of the defendant.
   (3) To have the safety of the victim and the victim's family
considered in fixing the amount of bail and release conditions for
the defendant.
   (4) To prevent the disclosure of confidential information or
records to the defendant, the defendant's attorney, or any other
person acting on behalf of the defendant, which could be used to
locate or harass the victim or the victim's family or which disclose
confidential communications made in the course of medical or
counseling treatment, or which are otherwise privileged or
confidential by law.
   (5) To refuse an interview, deposition, or discovery request by
the defendant, the defendant's attorney, or any other person acting
on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
   (6) To reasonable notice of and to reasonably confer with the
prosecuting agency, upon request, regarding, the arrest of the
defendant if known by the prosecutor, the charges filed, the
determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
   (7) To reasonable notice of all public proceedings, including
delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other
post-conviction release proceedings, and to be present at all such
proceedings.
   (8) To be heard, upon request, at any proceeding, including any
delinquency proceeding, involving a post-arrest release decision,
plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
   (9) To a speedy trial and a prompt and final conclusion of the
case and any related post-judgment proceedings.
   (10) To provide information to a probation department official
conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing nrecommendations before the sentencing of the defendant.
   (11) To receive, upon request, the pre-sentence report when
available to the defendant, except for those portions made
confidential by law.
   (12) To be informed, upon request, of the conviction, sentence,
place and time of incarceration, or other disposition of the
defendant, the scheduled release date of the defendant, and the
release of or the escape by the defendant from custody.
   (13) To restitution.
   (A) 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 seek and secure restitution from
the persons convicted of the crimes causing the losses they suffer.
   (B) Restitution shall be ordered from the convicted wrongdoer in
every case, regardless of the sentence or disposition imposed, in
which a crime victim suffers a loss.
   (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first
applied to pay the amounts ordered as restitution to the victim.
   (14) To the prompt return of property when no longer needed as
evidence.
   (15) To be informed of all parole procedures, to participate in
the parole process, to provide information to the parole authority to
be considered before the parole of the offender, and to be notified,
upon request, of the parole or other release of the offender.
   (16) To have the safety of the victim, the victim's family, and
the general public considered before any parole or other
post-judgment release decision is made.
   (17) To be informed of the rights enumerated in paragraphs (1)
through (16).
   (c) (1) A victim, the retained attorney of a victim, a lawful
representative of the victim, or the prosecuting attorney upon
request of the victim, may enforce the rights enumerated in
subdivision (b) in any trial or appellate court with jurisdiction
over the case as a matter of right. The court shall act promptly on
such a request.
   (2) This section does not create any cause of action for
compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court.
   (d) The granting of these rights to victims shall not be construed
to deny or disparage other rights possessed by victims. The court in
its discretion may extend the right to be heard at sentencing to any
person harmed by the defendant. The parole authority shall extend
the right to be heard at a parole hearing to any person harmed by the offender.
   (e) As used in this section, a "victim" is a person who suffers
direct or threatened physical, psychological, or financial harm as a
result of the commission or attempted commission of a crime or
delinquent act. The term "victim" also includes the person's spouse,
parents, children, siblings, or guardian, and includes a lawful
representative of a crime victim who is deceased, a minor, or
physically or psychologically incapacitated. The term "victim" does
not include a person in custody for an offense, the accused, or a
person whom the court finds would not act in the best interests of a
minor victim.
   (f) In addition to the enumerated rights provided in subdivision
(b) that are personally enforceable by victims as provided in
subdivision (c), victims of crime have additional rights that are
shared with all of the People of the State of California. These
collectively held rights include, but are not limited to, the
following:
   (1) Right to Safe Schools.  All students and staff of public
primary, elementary, junior high, and senior high schools, and
community colleges, colleges, and universities have the inalienable
right to attend campuses which are safe, secure and peaceful.
   (2) 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.
   (3) 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 safety of
the victim, 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 and the
safety of the victim shall be the primary considerations.
 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.
 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 and the victim 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.
   (4) 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.
   (5) Truth in Sentencing.  Sentences that are individually imposed
upon convicted criminal wrongdoers based upon the facts and
circumstances surrounding their cases shall be carried out in
compliance with the courts' sentencing orders, and shall not be
substantially diminished by early release policies intended to
alleviate overcrowding in custodial facilities. The legislative
branch shall ensure sufficient funding to adequately house inmates
for the full terms of their sentences, except for statutorily
authorized credits which reduce those sentences.
   (6) Reform of the parole process.  The current process for parole
hearings is excessive, especially in cases in which the defendant has been convicted of murder. The parole hearing process must be
reformed for the benefit of crime victims.
   (g) As used in this article, the term "serious felony" is any
crime defined in subdivision (c) of Section 1192.7 of the Penal Code, or any successor statute.

SECTION 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.

SECTION 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.

SECTION 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 anti discrimination 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 sever able from the remaining portions of this section.