§ 24-4-113. Proportionality.

(1)

(a) A claimant's interest in property that is used to facilitate a crime, excluding contraband, is not subject to forfeiture under any provision of state law if the forfeiture is substantially disproportionate to the use of the property 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 not instrumental 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 the offense; and

(iv) the value of the property.

(b) If the court finds that the forfeiture is substantially disproportional to the conduct for which the claimant is responsible, it shall reduce or eliminate the forfeiture, as it finds appropriate.

(3) The prosecuting attorney has the burden to demonstrate that any forfeiture is proportional to the conduct giving rise to the forfeiture.

(4) In all cases the court shall decide questions of proportionality.

(5) Forfeiture of any proceeds is proportional.

Enacted by Chapter 394, 2013 General Session