Utah Code 78B-2-119. Statute of limitations after criminal proceeding
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(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.
(1)(a) “Cause of action” means any civil claim that a victim could bring against a defendant for criminal conduct committed against the victim.
(1)(b) “Criminal conduct” means any act that is charged as a felony under:
(1)(b)(i) Title 76, Chapter 5, Offenses Against the Individual; or
(1)(b)(ii) Title 76, Chapter 4, Inchoate Offenses, that is directly related to prohibited conduct under Title 76, Chapter 5, Offenses Against the Individual.
(1)(c) “Victim” means an individual directly harmed by criminal conduct or the individual’s representative.
(2)
(2)(a) Notwithstanding any statute of limitations, a victim may bring a cause of action if:
(2)(a)(i) the defendant to the cause of action was charged by a criminal complaint, indictment, or information for criminal conduct;
(2)(a)(ii) the cause of action is brought within one year from the day on which a final disposition for the criminal proceeding is issued;
(2)(a)(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
(2)(a)(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.
(2)(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:
(3)(a) shorten an applicable statute of limitations or an applicable tolling provision;
(3)(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
(3)(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).