H.B. 262

1

STATUTE OF LIMITATIONS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steve Barth
5 AN ACT RELATING TO JUDICIAL CODE; MODIFYING THE TWO-YEAR STATUTE OF
6 LIMITATIONS; AND MAKING TECHNICAL AMENDMENTS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-12-28, as last amended by Chapter 79, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-12-28 is amended to read:
12 78-12-28. Within two years.
13 An action may be brought within two years:
14 (1) against a marshal, sheriff, constable, or other officer [upon a] for liability incurred by
15 the doing of an act in his official capacity, and [in] by virtue of his office, or by the omission of
16 an official duty, including the nonpayment of money collected upon an execution; [but this section
17 does not apply to an action for an escape;]
18 (2) for recovery of damages for [the] a death [of one] caused by the wrongful act or neglect
19 of another; or
20 (3) in causes of action against the state and its employees, for injury to the personal rights
21 of another [as a civil rights suit under 42 U.S.C. 1983] if not otherwise provided by state or
22 federal law.

Legislative Review Note
as of 1-22-97 5:22 PM

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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