First Substitute 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 ENACTS:
15 76-1-306, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 76-1-301.5 is amended to read:
18 76-1-301.5. Time limitations for prosecution of misusing public monies, falsification
19 or alteration of government records, and misconduct by a public officer or employee.
20 (1) A prosecution for misusing public monies [or], falsification or alteration of government
21 records, or any offense based upon misconduct in office by a public officer or employee shall be
22 commenced within four years after facts constituting the offense have been reported to a
23 prosecutor having responsibility and jurisdiction to prosecute the offense.
24 (2) Nothing in this section shall operate to shorten the limitation of actions under
25 Subsection 76-1-303(3).
26 Section 2. Section 76-1-304 is amended to read:
27 76-1-304. Defendant out of state -- Challenge to plea bargain -- Time limit does not

1 run.
2 (1) The period of limitation does not run against any defendant during any period of time
3 [he is] in which the defendant is out of the state following the commission of an offense.
4 (2) If the defendant has entered into a plea agreement with the prosecution and later
5 successfully moves to invalidate his conviction, the period of limitation does not run from the time
6 of the plea agreement to the time at which the conviction is determined to be invalid and no appeal
7 from that determination is pending.
8 (3) When the period of limitation is suspended pursuant to Subsection (2), the suspension
9 includes any charges which were dismissed as a result of a plea agreement, as well as any known
10 charges which were not barred at the time of the plea agreement. Notwithstanding any other
11 limitation, the prosecutor may commence a new prosecution within one year after the prior
12 conviction has been determined to be invalid and no appeal is pending. The new prosecution may
13 include any charges which were dismissed as a result of a plea agreement, as well as any known
14 charges which were not barred at the time of the plea agreement.
15 Section 3. Section 76-1-306 is enacted to read:
16 76-1-306. Judge to determine.
17 When an issue concerning the statute of limitations is raised, the judge shall determine by
18 a preponderance of the evidence whether the prosecution is barred by the limitations in this part.

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