H.B. 232

1

STATUTE OF LIMITATIONS
2 1998 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 IS SUSPENDED WHILE A DEFENDANT IS APPEALING A CONVICTION
7 OR AN INDICTMENT OR INFORMATION IS PENDING; AND MAKING TECHNICAL
8 CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-1-304, as enacted by Chapter 196, Laws of Utah 1973
12 ENACTS:
13 76-1-306, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-1-304 is amended to read:
16 76-1-304. Defendant out of state -- Challenge to plea bargain -- Time limit
17 suspended.
18 (1) The period of limitation does not run against any defendant during any period of time
19 [he is] in which the defendant is out of the state following the commission of an offense.
20 (2) If the defendant has entered into a plea agreement with the prosecution and later
21 successfully moves to invalidate his conviction, the period of limitation is suspended from the time
22 of the plea agreement to the time at which the conviction is determined to be invalid and no appeal
23 from that determination is pending.
24 (3) When the period of limitation is suspended pursuant to Subsection (2), the suspension
25 includes any charges which were dismissed as a result of a plea agreement, as well as any known
26 charges which were not barred at the time of the plea agreement. Notwithstanding any other
27 limitation, the prosecutor may commence a new prosecution within one year after the prior

1 conviction has been determined to be invalid and no appeal is pending. The new prosecution may
2 include any charges which were dismissed as a result of a plea agreement, as well as any known
3 charges which were not barred at the time of the plea agreement.
4 Section 2. Section 76-1-306 is enacted to read:
5 76-1-306. Judge to determine.
6 When an issue concerning the statute of limitations is raised, the judge shall determine by
7 a preponderance of the evidence whether the prosecution is barred by the limitations in this part.




Legislative Review Note
as of 12-3-97 1:55 PM

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

Office of Legislative Research and General Counsel

- 2 -