First Substitute H.B. 232

Representative Perry Buckner proposes to substitute the following bill:

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 DOES NOT RUN WHILE A DEFENDANT IS CHALLENGING A GUILTY
7 PLEA ENTERED PURSUANT TO A PLEA AGREEMENT; 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 -- Plea held invalid -- New prosecutions.
17 (1) The period of limitation does not run against any defendant during any period of time
18 [he is] in which the defendant is out of the state following the commission of an offense.
19 (2) If the defendant has entered into a plea agreement with the prosecution and later
20 successfully moves to invalidate his conviction, the period of limitation is suspended from the time
21 of the entry of the plea pursuant to the plea agreement until the time at which the conviction is
22 determined to be invalid, and that determination becomes final.
23 (3) For purposes of this section, "final" means:
24 (a) all appeals have been exhausted;
25 (b) no judicial review is pending; and

1 (c) no application for judicial review is pending.
2 (4) When the period of limitation is suspended pursuant to Subsection (2), the suspension
3 includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges
4 which were dismissed as a result of a plea agreement, as well as any known charges which were
5 not barred at the time of entry of the plea.
6 (5) Notwithstanding any other limitation, a prosecution may be commenced for charges
7 described in Subsection (4) within one year after a plea entered pursuant to a plea agreement has
8 been determined to be invalid, and that determination becomes final.
9 Section 2. Section 76-1-306 is enacted to read:
10 76-1-306. Judge to determine.
11 When an issue concerning the statute of limitations is raised, the judge shall determine by
12 a preponderance of the evidence whether the prosecution is barred by the limitations in this part.

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