78B-2-119. Statute of limitations after criminal proceeding.

324 words·~1 min read·/ut/title-78b/chapter-2/78b-2-119

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)As used in this section:

(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:

(i)Title 76, Chapter 5, Offenses Against the Individual ; or

(ii)Title 76, Chapter 4, Inchoate Offenses , that is directly related to prohibited conduct under Title 76, Chapter 5, Offenses Against the Individual .

(c)"Victim" means an individual directly harmed by criminal conduct or the individual's representative.

(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.

(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) .

(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) .

Enacted by Chapter 474 , 2022 General Session