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-
-
-
- CONSTITUTION
- OF THE
- STATE OF UTAH
- (as amended to 1973)
-
- PREAMBLE
-
- Grateful to Almighty God for life and liberty, we, the peo-
- ple of Utah, in order to secure and perpetuate the princi-
- ples of free government, do ordain and establish this CON-
- STITUTION.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Sec. 1. All men have the inherent and inalienable right to enjoy and
- defend their lives and liberties; to acquire, possess and
- protect property; to worship according to the dictates of
- their consciences; to assemble peaceably, protest against
- wrongs, and petition for redress of grievances; to commun-
- icate freely their thoughts and opinions, being responsible
- for the abuse of that right.
-
- Sec. 2. All political power is inherent in the people; and all free
- governments are founded on their authority for their equal
- protection and benefit, and they have the right to alter or
- reform their government as the public welfare may require.
-
- Sec. 3. The State of Utah is an inseparable part of the Federal
- Union, and the Constitution of the United States is the
- supreme law of the land.
-
- Sec. 4. The rights of conscience shall never be infringed. The State
- shall make no law respecting an establishment of religion or
- prohibiting the free exercise thereof; no religious test
- shall be required as a qualification for any office of pub-
- lic trust or for any vote at any election; nor shall any
- person be incompetent as a witness or juror on account of
- religious belief or the absence thereof. There shall be no
- union of Church and State, nor shall any church dominate the
- State or interfere with its functions. No public money or
- property shall be apportioned for or applied to any relig-
- ious worship, exercise or instruction, or for the support of
- any ecclesiastical establishment. No property qualification
- shall be required of any person to vote, or hold office,
- except as provided in this Constitution.
-
- Sec. 5. The privilege of the writ of habeas corpus shall not be
- suspended. unless, in case of rebellion or invasion, the
- public safety requires it.
-
- Sec. 6. The people have the right to bear arms for their security
- and defense, but the Legislature may regulate the exercise
- of this right by law.
-
- Sec. 7. No person shall be deprived of life, liberty, or property,
- without due process of law.
-
- Sec. 8. All prisoners shall be bailable by sufficient sureties, ex-
- cept for capital offenses when the proof is evident or the
- presumption strong or where a person is accused of the com-
- mission of a felony while on probation or parole, or while
- free on bail awaiting trial on a previous felony charge, and
- where the proof is evident or the presumption strong. (As
- amended Nov. 7, 1972, effective Jan. 1, 1973)
-
- Sec. 9. Excessive bail shall not be required; excessive fines shall
- not imposed, nor shall cruel and unusual punishment be in-
- flicted. Persons arrested or imprisoned shall not be treated
- with unnecessary rigor.
-
- Sec. 10. In capital cases the right of trial by jury shall remain
- inviolate. In courts of general jurisdiction, except in
- capital cases, a jury shall consist of eight jurors. In
- courts of inferior jurisdiction a jury shall consist of four
- jurors. In criminal cases the verdict shall be unanimous. In
- civil cases three-fourths of the jurors may find a verdict.
- A jury in civil cases shall be waived unless demanded.
-
- Sec. 11. All courts shall be open, and every person, for an injury
- done to him in his person, property or reputation, shall
- have remedy by due course of law, which shall be adminis-
- tered without denial or unnecessary delay; and no person
- shall be barred from prosecuting or defending before any
- tribunal in this State, by himself or counsel, any civil
- cause to which he is a party.
-
- Sec. 12. In criminal prosecutions the accused shall have the right to
- appear and defend in person and by counsel, to demand the
- nature and cause of the accusation against him, to have a
- copy thereof, to testify in his own behalf, to be confronted
- with the witnesses against him, to have compulsory process
- to compel the attendance of witnesses in his own behalf, to
- have a speedy public trial by an impartial jury of the
- county or district in which the offense is alleged to have
- been committed, and the right to appeal in all cases. In no
- instance shall any accused person, before final judgement,
- be compelled to advance money or fees to secure the rights
- herein guaranteed. The accused shall not be compelled to
- give evidence against himself; a wife shall not be compelled
- to testify against her husband, nor a husband against his
- wife, nor shall any person be twice put in jeopardy for the
- same offense.
-
- Sec. 13. Offenses heretofore required to be prosecuted by indictment,
- shall be prosecuted by information after examination and
- commitment by a magistrate, unless the examination be waived
- by the accused with the consent of the State.
-
- Sec. 14. The right of the people to be secure in their persons,
- houses, papers and effects, against unreasonable searches
- and seizures, shall not be violated. and no warrant shall
- issue but upon probable cause supported by oath or affirm-
- ation, particularly describing the place to be searched and
- the person or thing to be seized.
-
- Sec. 15. No law shall be passed to abridge the freedom of speech or
- of the press. In all criminal prosecutions for libel the
- truth may be given in evidence to the jury; and if it shall
- appear to the jury that the matter charged as libelous is
- true, and was published with good motives, and for justifi-
- able ends, the party shall be acquitted; and the jury shall
- have the right to determine the law and the fact.
-
- Sec. 16. There shall be no imprisonment for debt except in cases of
- absconding debtors.
-
- Sec. 17. All elections shall be free, and no power, civil or mili-
- tary, shall at any time interfere to prevent the free exer-
- cise of the right of suffrage. Soldiers in time of war, may
- vote at their post of duty, in or out of the State, under
- regulations to be prescribed by law.
-
- Sec. 18. No bill of attainder, ex post facto law, or law impairing
- the obligation of contracts shall be passed.
-
- Sec. 19. Treason against the State shall consist only in levying war
- against it, or in adhering to its enemies or in giving them
- aid and comfort. No person shall be convicted of treason
- unless on the testimony of two witnesses to the same overt
- act.
-
- Sec. 20. The military shall be in strict subordination to the civil
- power, and no soldier shall in time of peace, shall be
- quartered in any house, without the consent of the owner;
- nor in time of war except in the manner to be prescribed by
- law.
-
- Sec. 21. Neither slavery nor involuntary servitude, except as punish-
- ment for crime, whereof the party shall have been duly con-
- victed, shall exist within this State.
-
- Sec. 22. Private property shall not be taken or damaged for public
- use without just compensation.
-
- Sec. 23. No law shall be passed granting irrevocably any franchise,
- privilege or immunity.
-
- Sec. 24. All laws of a general nature shall have a uniform operation.
-
- Sec. 25. This enumeration of rights shall not be construed to impair
- or deny others retained by the people.
-
- Sec. 26. The provisions of this Constitution are mandatory and pro-
- hibitory, unless by express words they are declared to be
- otherwise.
-
- Sec. 27. Frequent recurrence to fundamental principles is essential
- to the security of individual rights and the perpetuity of
- free government.
-
-
-