


                                   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.


