Chief Sponsor: Patrice M. Arent

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill amends the statute of limitations for criminal offenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the statute of limitations for a criminal offense when the identification of a
13     perpetrator is made through DNA.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-1-302, as last amended by Laws of Utah 2011, Chapter 320

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-1-302 is amended to read:
24          76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA
25     evidence would identify the defendant -- Commencement of prosecution.
26          (1) Except as otherwise provided, a prosecution for:
27          (a) a felony or negligent homicide shall be commenced within four years after it is
28     committed, except that prosecution for:
29          (i) forcible sexual abuse shall be commenced within eight years after the offense is

30     committed, if within four years after its commission the offense is reported to a law
31     enforcement agency; and
32          (ii) incest shall be commenced within eight years after the offense is committed, if
33     within four years after its commission the offense is reported to a law enforcement agency;
34          (b) a misdemeanor other than negligent homicide shall be commenced within two years
35     after it is committed; and
36          (c) any infraction shall be commenced within one year after it is committed.
37          (2) (a) Notwithstanding Subsection (1), prosecution for the offenses listed in
38     Subsections 76-3-203.5(1)(c)(i)(A) through (BB) may be commenced at any time if the identity
39     of the person who committed the crime is unknown but DNA evidence is collected that would
40     identify the person at a later date.
41          (b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of
42     May 5, 2003, and no charges have been filed.
43          (3) If the statute of limitations would have run but for the provisions of Subsection (2)
44     and identification of a perpetrator is made through DNA, a prosecution shall be commenced
45     within [one year of the discovery of] four years of confirmation of the identity of the
46     perpetrator.
47          (4) A prosecution is commenced upon:
48          (a) the finding and filing of an indictment by a grand jury;
49          (b) the filing of a complaint or information; or
50          (c) the issuance of a citation.