78B-2-119. Statute of limitations after criminal proceeding.
| (1) |
As used in this section:
Terms Used In Utah Code 78B-2-119- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
| (a) |
“Cause of action” means any civil claim that a victim could bring against a defendant for criminal conduct committed against the victim. |
| (b) |
“Criminal conduct” means any act that is charged as a felony under:
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| (c) |
“Victim” means an individual directly harmed by criminal conduct or the individual’s representative. |
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| (2) |
| (a) |
Notwithstanding any statute of limitations, a victim may bring a cause of action if:
| (i) |
the defendant to the cause of action was charged by a criminal complaint, indictment, or information for criminal conduct; |
| (ii) |
the cause of action is brought within one year from the day on which a final disposition for the criminal proceeding is issued; |
| (iii) |
the cause of action is brought to address any harm resulting from the criminal conduct that was at issue in the criminal proceeding described in Subsection (2)(a)(ii); and |
| (iv) |
the applicable statute of limitations that would apply to the conduct at issue in the cause of action did not expire before May 4, 2022. |
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| (b) |
A defendant does not need to be convicted of the criminal conduct for an individual to bring a cause of action under Subsection (2)(a). |
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| (3) |
Subsection (2)(a) does not:
| (a) |
shorten an applicable statute of limitations or an applicable tolling provision; |
| (b) |
toll or extend an applicable statute of limitations for an action that is brought against an employer or former employer of a defendant described in Subsection (2)(a)(i); or |
| (c) |
require an insurer to defend or indemnify a defendant for a cause of action that would otherwise be barred if not for Subsection (2)(a). |
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Enacted by Chapter 474, 2022 General Session
