H.B. 262 Enrolled

STATUTE OF LIMITATIONS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Steve Barth
AN ACT RELATING TO JUDICIAL CODE; MODIFYING THE TWO-YEAR STATUTE OF
LIMITATIONS; AND MAKING TECHNICAL AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-12-28, as last amended by Chapter 79, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-12-28 is amended to read:
78-12-28. Within two years.
An action may be brought within two years:
(1) against a marshal, sheriff, constable, or other officer [upon a] for liability incurred by
the doing of an act in his official capacity, and [in] by virtue of his office, or by the omission of
an official duty, including the nonpayment of money collected upon an execution; [but this section
does not apply to an action for an escape;]
(2) for recovery of damages for [the] a death [of one] caused by the wrongful act or neglect
of another; or
(3) in causes of action against the state and its employees, for injury to the personal rights
of another [as a civil rights suit under 42 U.S.C. 1983] if not otherwise provided by state or
federal law.