First Substitute S.B. 165

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Senate 3rd Reading Amendments 3-2-2009 rd/ecm This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 2, 2009 at 10:52 AM by rday. --> Senator Mark B. Madsen proposes the following substitute bill:

1 STATUTE OF LIMITATION REVISIONS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: Carl Wimmer
6
7 LONG TITLE
8 General Description:
9 This bill amends the statute of limitations for fraud or breach of fiduciary obligation.
10 Highlighted Provisions:
11 This bill:
12 . requires that if the statute of limitation for a prosecution of fraud or breach of
13 fiduciary obligation has expired it may begin to run again S. [ if ] .S when a report of the
14 offense is made to a law enforcement agency and the prosecution of the offense is
15 commenced within one year of the report.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-1-303, as last amended by Laws of Utah 1995, Chapter 232
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-1-303 is amended to read:

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- 2 - 26 76-1-303. Time limitations for fraud or breach of fiduciary obligation --
27 Misconduct of public officer or employee.
28 (1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be
29 commenced for any offense a material element of which is either fraud or a breach of fiduciary
30 obligation within one year after [discovery of the offense by an aggrieved party or by a person
31 who has a legal duty to represent an aggrieved party and who is himself not a party to the
32 offense] a report of the offense has been filed with a law enforcement agency.
33 (2) Subsection (1) may not extend the period of limitation as provided in Section
34 76-1-302 by more than three years.
35 (3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a
36 prosecution may be commenced for:
37 (a) any offense based upon misconduct in office by a public officer or public employee:
38 (i) at any time during which the defendant holds a public office or during the period of
39 his public employment; or
40 (ii) within two years after termination of defendant's public office or public
41 employment.
42 (b) Except as provided in Section 76-1-301.5 , Subsection (3) shall not extend the
43 period of limitation otherwise applicable by more than three years.