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879.UTAH.TXT
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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.