2022 -- H 7519

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LC004534

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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J O I N T   R E S O L U T I O N

TO APPROVE AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO

THE CONSTITUTION OF THE STATE -- RIGHT TO ADEQUATE EDUCATION

     Introduced By: Representatives Messier, Fellela, Donovan, Speakman, J Lombardi,
Cortvriend, Tanzi, Cassar, McEntee, and Slater

     Date Introduced: February 16, 2022

     Referred To: House State Government & Elections

     RESOLVED, That a majority of all members elected to each house of the general

assembly voting therefor, the following amendment to the Constitution of the state be proposed to

the qualified electors of the state in accordance with the provisions of Article XIV of the

Constitution for their approval and add additional sections to Article I which is hereby amended

to read as follows:

     Article I. DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND

PRINCIPLES.

     In order to effectually secure the religious and political freedom established by our

venerated ancestors, and to preserve the same for our posterity, we do declare that the essential

and unquestionable rights and principles hereinafter mentioned shall be established, maintained,

and preserved, and shall be of paramount obligation in all legislative, judicial and executive

proceedings.

     Section 1. Right to make and alter Constitution - Constitution obligatory upon all

     In the words of the Father of his Country, we declare that "the basis of our political

systems is the right of the people to make and alter their constitutions of government; but that the

constitution which at any time exists, till changed by an explicit and authentic act of the whole

people, is sacredly obligatory upon all."

     Section 2. Laws for good of whole - Burdens to be equally distributed - Due process -

Equal protection - Discrimination - No right to abortion granted

     All free governments are instituted for the protection, safety, and happiness of the people.

All laws, therefore, should be made for the good of the whole; and the burdens of the state ought

to be fairly distributed among its citizens. No person shall be deprived of life, liberty or property

without due process of law, not shall any person be denied equal protection of the laws. No

otherwise qualified person shall, solely by reason of race, gender or handicap be subject to

discrimination by the state, its agents or any person or entity doing business with the state.

Nothing in this section shall be construed to grant or secure any right relating to abortion or the

funding thereof.

     Section 3. Freedom of religion

     Whereas Almighty God hath created the mind free; and all attempts to influence it by

temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy

and meanness; and whereas a principal object of our venerable ancestors, in their migration to this

country and their settlement of this state, was, as they expressed it, to hold forth a lively

experiment that a flourishing civil state may stand and be best maintained with full liberty in

religious concernments; we, therefore, declare that no person shall be compelled to frequent or to

support any religious worship, place, or ministry whatever, except in fulfillment of such person's

voluntary contract; nor enforced, restrained, molested, or burdened in body or goods; nor

disqualified from holding any office; nor otherwise suffer on account of such person's religious

belief; and that every person shall be free to worship God according to the dictates of such

person's conscience, and to profess and by argument to maintain such person's opinion in matters

of religion; and that the same shall in no wise diminish, enlarge, or affect the civil capacity of any

person.

     Section 4. Slavery prohibited

     Slavery shall not be permitted in this state.

     Section 5. Entitlement to remedies for injuries and wrongs - Right to justice

     Every person within this state ought to find a certain remedy, by having recourse to the

laws, for all injuries or wrongs which may be received in one's person, property, or character.

Every person ought to obtain right and justice freely, and without purchase, completely and

without denial; promptly and without delay; conformably to the laws.

     Section 6. Search and seizure

     The right of the people to be secure in their persons, papers and possessions, against

unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but on

complaint in writing, upon probable cause, supported by oath or affirmation, and describing as

nearly as may be, the place to be searched and the persons or things to be seized.

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     Section 7. Requirement of presentment or indictment - Information by attorney-

general - Grand juries - Double jeopardy

     Except in cases of impeachment, or in cases arising in the land or naval forces, or in the

militia when in actual service in time of war or public danger, no person shall be held to answer

for any offense which is punishable by death or by imprisonment for life unless on presentment or

indictment by a grand jury, and no person shall be held to answer for any other felony unless on

presentment or indictment by a grand jury or on information in writing signed by the attorney-

general or one of the attorney-general's designated assistants, as the general assembly may

provide and in accordance with procedures enacted by the general assembly. The general

assembly may authorize the impaneling of grand juries with authority to indict for offenses

committed any place within the state and it may provide that more than one grand jury may sit

simultaneously within a county. No person shall be subject for the same offense to be twice put in

jeopardy. Nothing contained in this article shall be construed as in any wise impairing the

inherent common law powers of the grand jury.

     Section 8. Bail, fines and punishments

     Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments

inflicted; and all punishments ought to be proportioned to the offense.

     Section 9. Right to bail - Habeas corpus

     All persons imprisoned ought to be bailed by sufficient surety, unless for offenses

punishable by imprisonment for life, or for offenses involving the use or threat of use of a

dangerous weapon by one already convicted of such an offense or already convicted of an offense

punishable by imprisonment for life, or for an offense involving the unlawful sale, distribution,

manufacturer, delivery, or possession with intent to manufacture, sell, distribute or deliver any

controlled substance or by possession or by a controlled substance punishable by imprisonment

for ten (10) years or more, when the proof of guilt is evident or the presumption great. Nothing in

this section shall be construed to confer a right to bail, pending appeal of a conviction. The

privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or

invasion, the public safety shall require it; nor ever without the authority of the general assembly.

     Section 10. Rights of accused persons in criminal proceedings

     In all criminal prosecutions, accused persons shall enjoy the right to a speedy and public

trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be

confronted with the witnesses against them, to have compulsory process for obtaining them in

their favor, to have the assistance of counsel in their defense, and shall be at liberty to speak for

themselves; nor shall they be deprived of life, liberty, or property, unless by the judgment of their

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peers, or the law of the land.

     Section 11. Relief of debtors from prison

     The person of a debtor, when there is not strong presumption of fraud, ought not to be

continued in prison, after such person shall have delivered up property for the benefit of said

person's creditors, in such manner as shall be prescribed by law.

     Section 12. Ex post facto laws - Laws impairing obligation of contract

     No ex post facto law, or law impairing the obligation of contracts, shall be passed.

     Section 13. Self-crimination

     No person in a court of common law shall be compelled to give self-criminating

evidence.

     Section 14. Presumption of innocence - Securing accused persons

     Every person being presumed innocent, until pronounced guilty by the law, no act of

severity which is not necessary to secure an accused person shall be permitted.

     Section 15. Trial by jury.

     The right of trial by jury shall remain inviolate. In civil cases the general assembly may

fix the size of the petit jury at less than twelve but not less than six.

     Section 16. Compensation for taking of private property for public use - Regulation

of fishery rights and shore privileges not public taking

     Private property shall not be taken for public uses, without just compensation. The

powers of the state and of its municipalities to regulate and control the use of land and waters in

the furtherance of the preservation, regeneration, and restoration of the natural environment, and

in furtherance of the protection of the rights of the people to enjoy and freely exercise the rights

of fishery and the privileges of the shore, as those rights and duties are set forth in section 17,

shall be an exercise of the police powers of the state, shall be liberally construed, and shall not be

deemed to be a public use of private property.

     Section 17. Fishery rights - Shore privileges - Preservation of natural resources

     The people shall continue to enjoy and freely exercise all the rights of fishery, and the

privileges of the shore, to which they have been heretofore entitled under the charter and usages

of this state, including but not limited to fishing from the shore, the gathering of seaweed, leaving

the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to

the use and enjoyment of the natural resources of the state with due regard for the preservation of

their values; and it shall be the duty of the general assembly to provide for the conservation of the

air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all

means necessary and proper by law to protect the natural environment of the people of the state

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by providing adequate resource planning for the control and regulation of the use of the natural

resources of the state and for the preservation, regeneration and restoration of the natural

environment of the state.

     Section 18. Subordination of military to civil authority - Martial law

     The military shall be held in strict subordination to the civil authority. And the law

martial shall be used and exercised in such cases only as occasion shall necessarily require.

     Section 19. Quartering of soldiers

     No soldier shall be quartered in any house in time of peace, without the consent of the

owner; nor, in time of war, but in manner to be prescribed by law.

     Section 20. Freedom of press

     The liberty of the press being essential to the security of freedom in a state, any person

may publish sentiments on any subject, being responsible for the abuse of that liberty; and in all

trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall

be sufficient defense to the person charged.

     Section 21. Right to assembly - Redress of grievances - Freedom of speech

     The citizens have a right in a peaceable manner to assembly for their common good, and

to apply to those invested with the powers of government, for redress of grievances, or for other

purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be

enacted.

     Section 22. Right to bear arms

     The right of the people to keep and bear arms shall not be infringed.

     Section 23. Rights of victims of crime

     A victim of crime shall, as a matter of right, be treated by agents of the state with dignity,

respect and sensitivity during all phases of the criminal justice process. Such person shall be

entitled to receive, from the perpetrator of the crime, financial compensation for any injury or loss

caused by the perpetrator of the crime, and shall receive such other compensation as the state may

provide. Before sentencing, a victim shall have the right to address the court regarding the impact

which the perpetrator's conduct has had upon the victim.

     Section 24. Right to an adequate education.

     Public education is a fundamental right of all Rhode Island residents. It shall, therefore,

be the paramount duty of the general assembly, the department of elementary and secondary

education, and other government agencies and officials who are charged with educational

responsibilities to provide all Rhode Island residents with equal opportunities to receive an

education that is adequate and meaningful to permit them to achieve at high levels and to become

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lifelong learners, productive workers, and responsible citizens.

     Section 25. Judicial enforcement.

     The aforecited sections shall be judicially enforceable. Any person or entity injured or

threatened with any injury because of any non-compliance with any one or more of their

provisions shall be entitled to bring an action in superior court to enforce these rights and

provisions and to obtain declaratory and injunctive relief for any violation thereof.

     Section 24. 26. Rights not enumerated - State rights not dependent on federal rights.

     The enumeration of the foregoing rights shall not be construed to impair or deny others

retained by the people. The rights guaranteed by this Constitution are not dependent on those

guaranteed by the Constitution of the United States.

     RESOLVED, That this amendment shall add to the Constitution of the state two sections

to Article I, effective January 1, 2023; and be it further

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

for their approval or rejection at the next statewide general election. The voting places in the

several cities and towns shall be kept open during the hours required by law for voting therein for

general officers of the state; and be it further

     RESOLVED, That the secretary of state shall cause the said proposition of amendment to

be published as a part of this resolution in the newspapers of the state prior to the date of the said

meetings of the said electors; and said proposition shall be inserted in the warrants or notices to

be issued previous to said meetings of the electors for the purpose of warning the town, ward, or

district meetings, and said proposition shall be read by the town, city, ward, or district meetings to

be held as aforesaid; and be it further

     RESOLVED, That the town, city, ward, and district meetings to be held aforesaid shall

be warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

city, ward, and district meetings for the election of general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO APPROVE AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO

THE CONSTITUTION OF THE STATE -- RIGHT TO ADEQUATE EDUCATION

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     This joint resolution would present to the electors a constitutional amendment which

would add two (2) sections to the Rhode Island Constitution. One would guarantee Rhode Island

residents an adequate education to permit them to learn at high levels, become lifelong learners,

productive workers and responsible citizens and the other would make the rights guaranteed

under the constitution judicially enforceable.

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