LEGAL REFORM AMENDMENTS
SECTION 1. TITLE
This measure shall be known and may be cited as the Legal Reform Amendments.
SECTION 2. PURPOSE AND INTENT
It is the intent of the people of the State of California in enacting this measure to correct certain defects in the Constitution of the State of California concerning legal rights and procedures.
THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 3. AMENDMENTS
Article 1, Section 13, is hereby amended to read as follows:
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.
(a) A warrant being served shall bear an original signature of a magistrate of competent jurisdiction, and such warrant shall be presented to any persons present for their examination before the search may proceed or seizure may remove the persons or things from the premises.
(b) All persons participating in the execution of a warrant must be identified and listed in writing in the warrant or an appendix thereto signed by the principal person authorized to execute the warrant, and they must carry appropriate identification, including badges, photo identification cards, or other visible insignia that can enable any witness to identify any of them who may abuse the rights of any person during the operation.
(c) There shall be a publicly published toll-free telephone number which any person may call at any time, day or night, and present an access code provided by the person executing the warrant, to verify the warrant and the identities of the persons authorized to execute it. Any person present must be permitted to call such telephone number to conduct such verification before the premises can be searched or the persons or things removed, unless no telephone service is available nearby.
(d) Any person involved in executing a warrant must take all reasonable precautions to avoid injury to any person, destruction of evidence, and damage to property, and shall be held personally liable for any injury, destruction, or damage that may occur, both civilly and criminally, for failure to exercise such precautions.
(e) Any person acting as a bail enforcement agent who attempts to detain a fugitive must carry a warrant for the arrest of that person and comply with all of the above provisions.
(f) No person shall be civilly or criminally prosecuted for resisting arrest, including the use of deadly force, or for any injury or property damage caused by such resistance, against any person executing a warrant who does not comply with the above provisions.
Article 1, Section 17, is hereby amended to read as follows:
Cruel or unusual punishment may not be inflicted or excessive fines imposed.
(a) Assets may not be forfeited but for payment of a specific fine, nor may assets be forfeited which have not been proven to belong exclusively to the person convicted of the crime, nor in excess of what may be reasonably expected to bring the amount of the fine in a public sale, and all proceeds in excess of the fine from such sale shall be refunded to the owner.
(b) Only a natural or corporate person may be the subject of a legal proceeding, and any such proceeding conducted under the guise of a civil forfeiture shall be reversed and the assets or compensation in the value of the assets refunded to the owner.
(c) Any assets seized and not forfeited shall be returned undamaged to the owner if the owner is not tried or convicted of a crime for which a fine is part of the sentence, and the owner shall be compensated for any loss or damage that may occur. Such compensation shall be paid out of the budget of the law enforcement agency which conducted the seizure, and the burden of proof shall rest on the State that any claim for compensation is without merit.
(d) All fines in excess of reasonable court costs shall go to the general fund and not to any agency involved in the seizure or arrest.
Article 6, Section 9, is hereby amended to read as follows:
No person shall be required to be a member of the State Bar of California to be permitted to practice law in the State of California, and all references to the State Bar of California in this Constitution are repealed and shall be deleted.
(a) Regulation and licensing of the practice of law shall be vested in a Legal Practice Commission, consisting of not less than five nor more than fifteen members, at least a majority of whom shall not be judges or attorneys in the practice of law, appointed by the Governor with the consent of the Senate, with vacancies to be filled by appointment by the Governor until the next session of the Legislature.
(b) Any person may practice law in the State of California who has passed a standard examination prescribed under the direction of the Judicial Council, or according to an Act of the Legislature, and whose right to practice has not been disabled by a ruling of the Legal Practice Commission on a petition and proof that the practitioner has committed a crime or other act of abuse, usurpation, negligence, incompetence, or violation of the regulations of the Legal Practice Commission.
(c) The Legislature shall have power to establish subordinate tribunals to handle petitions for disablement of the right to practice law, as may be required.
(d) Persons licensed or permitted to practice law in other states or territories of the United States may practice law in the State of California unless their right to do so is disabled as provided above.
Article 1, Section 9, is hereby amended to read as follows:
A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be adopted.
(a) Any legislative act which has the effect of disabling the rights, privileges, or immunities of any person convicted of a crime, other than by prescribing constraints on the sentence to be imposed, is to be considered a bill of attainder and is prohibited by this section.
(b) Any disablement of a right, privilege, or immunity of a person convicted of a crime or a party to a civil action, which is not made part of his sentence or the final order of the court, is null and void.
Article 1, Section 32, is hereby added to the California Constitution to read:
No legislative or judicial authority may be delegated; and no executive authority may be delegated to any person not accountable to the people of California under this Constitution and acts of the Legislature pursuant thereto; and no right, privilege, immunity, or service available to citizens of the United States and residents of California shall be denied or restricted by any agent or employee of the State of California or any political subdivision thereof contingent upon any act of an official or agent of another state, territory, or nation, or of the national government, including any form of identification or identifying numbers or other information or documentation.
SECTION 4. SELF-EXECUTION AND SEVERABILITY
These amendments shall be self-executing. If any provision of these amendments or their application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of these Amendments which can be given effect without the invalid provision or application, and to this end the provisions of these Amendments are severable.
SECTION 5. RELATIONSHIP TO OTHER MEASURES
To the extent that any other measures on the same subject shall be on the ballot at the same election, it is the intent of the voters that this measure be deemed, to the maximum extent possible, not to be in conflict with such other measures, but rather that this measure should be harmonized with such other measures. For this purpose, the numbering of the provisions of these Amendments may be renumbered to achieve such harmonization.