S.B. 165

1

STATUTE OF LIMITATION REVISIONS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the statute of limitations for fraud or breach of fiduciary obligation.
10 Highlighted Provisions:
11 This bill:
12 . requires that the one year statute of limitation for a prosecution of fraud or breach of
13 fiduciary obligation begins when a report of the offense has been made to a law
14 enforcement agency.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-1-303, as last amended by Laws of Utah 1995, Chapter 232
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-1-303 is amended to read:
25 76-1-303. Time limitations for fraud or breach of fiduciary obligation --
26 Misconduct of public officer or employee.
27 (1) [If the period prescribed in Section 76-1-302 has expired, a] A prosecution may be

28 commenced for any offense a material element of which is either fraud or a breach of fiduciary
29 obligation if:
30 (a) the period prescribed in Section 76-1-302 has expired; and
31 (b) the prosecution begins within one year after [discovery of the offense by an
32 aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is
33 himself not a party to the offense] a report of the offense has been filed with a law enforcement
34 agency.
35 (2) Subsection (1) may not extend the period of limitation as provided in Section
36 76-1-302 by more than three years.
37 (3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a
38 prosecution may be commenced for:
39 (a) any offense based upon misconduct in office by a public officer or public employee:
40 (i) at any time during which the defendant holds a public office or during the period of
41 his public employment; or
42 (ii) within two years after termination of defendant's public office or public
43 employment.
44 (b) Except as provided in Section 76-1-301.5 , Subsection (3) shall not extend the
45 period of limitation otherwise applicable by more than three years.




Legislative Review Note
as of 1-27-09 12:52 PM

Office of Legislative Research and General Counsel