H.B. 75

1

AMENDMENTS TO STATUTE OF LIMITATIONS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Perry Buckner
5 AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING THAT THE STATUTE OF
6 LIMITATIONS DOES NOT RUN WHILE A DEFENDANT IS APPEALING A
7 CONVICTION OR AN INDICTMENT OR INFORMATION IS PENDING; ADDING
8 MISCONDUCT OF A PUBLIC OFFICER TO THE FOUR-YEAR LIMITATION; AND
9 MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-1-301.5, as enacted by Chapter 232, Laws of Utah 1995
13 76-1-304, as enacted by Chapter 196, Laws of Utah 1973
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-1-301.5 is amended to read:
16 76-1-301.5. Time limitations for prosecution of misusing public monies, falsification
17 or alteration of government records, and misconduct by a public officer or employee.
18 (1) A prosecution for misusing public monies [or], falsification or alteration of government
19 records, or any offense based upon misconduct in office by a public officer or employee shall be
20 commenced within four years after facts constituting the offense have been reported to a
21 prosecutor having responsibility and jurisdiction to prosecute the offense.
22 (2) Nothing in this section shall operate to shorten the limitation of actions under
23 Subsection 76-1-303(3).
24 Section 2. Section 76-1-304 is amended to read:
25 76-1-304. Defendant out of state -- Indictment, information, or appeal pending.
26 (1) The period of limitation does not run against any defendant during any period of time
27 [he is] in which:

1 (a) the defendant is out of the state following the commission of an offense[.];
2 (b) an indictment or an information is pending against the defendant; or
3 (c) the defendant is appealing or collaterally attacking the conviction.
4 (2) As used in this section, the period of time during which an indictment or information
5 is pending against the defendant means that period of time beginning with the day the indictment
6 or information is filed in a court of competent jurisdiction and ending with the day the accusation
7 is, by order of a court of competent jurisdiction, determined to be invalid for any reason.
8 (3) When the period of limitation is suspended pursuant to this section, the suspension
9 includes any known charges which were not filed or were dismissed as a result of a plea
10 agreement. Notwithstanding any other limitation, the prosecutor may commence a new
11 prosecution within one year after the order determining the invalidity of the prior prosecution. The
12 new prosecution may include any known charges which were not filed or were dismissed as a
13 result of a plea agreement.
14 (4) When the issue is raised, the judge shall determine whether the prosecution is barred
15 by the limitations in this part by a preponderance of the evidence.




Legislative Review Note
as of 1-7-97 10:08 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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