24-1-14 - Proportionality. - Utah Statutes

24-1-14. Proportionality.
(1) (a) An owner's interest in property, excluding contraband, is not subject to forfeitureunder any provision of state law if the forfeiture is substantially disproportional to the use of theproperty in committing or facilitating a violation of state law and the value of the property.
(b) Forfeiture of property used solely in a manner that is merely incidental and notinstrumental to the commission or facilitation of a violation of law is not proportional.
(2) (a) In determining proportionality, the court shall consider:
(i) the conduct giving cause for the forfeiture;
(ii) what portion of the forfeiture, if any, is remedial in nature;
(iii) the gravity of the conduct for which the claimant is responsible in light of theoffense; and
(iv) the value of the property.
(b) If the court finds that the forfeiture is substantially disproportional to the conduct forwhich the claimant is responsible, it shall reduce or eliminate the forfeiture, as it findsappropriate.
(3) The prosecuting attorney has the burden to demonstrate that any forfeiture isproportional to an alleged violation of state law. It is the province of the court, not the jury, todecide questions of proportionality.

Amended by Chapter 296, 2004 General Session