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H.B. 326

             1     

LIMITATION ON REIMBURSEMENT OF

             2     
LEGAL FEES AND COSTS TO OFFICERS

             3     
AND EMPLOYEES

             4     
1999 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Sponsor: Chad E. Bennion

             7      AN ACT RELATING TO STATE AFFAIRS IN GENERAL; EXCLUDING REIMBURSEMENT
             8      FOR DEFENSE OF A MISDEMEANOR TRAFFIC CITATION TO AN OFFICER OR
             9      EMPLOYEE; AND MAKING TECHNICAL CORRECTIONS.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          63-30a-2, as last amended by Chapter 307, Laws of Utah 1998
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 63-30a-2 is amended to read:
             15           63-30a-2. Indictment or information against officer or employee -- Reimbursement
             16      of attorneys' fees and court costs incurred in defense.
             17          (1) If a state grand jury indicts, or if an information is filed against, an officer or employee,
             18      in connection with or arising out of any act or omission of that officer or employee during the
             19      performance of his duties, within the scope of his employment, or under color of his authority, and
             20      that indictment or information is quashed or dismissed or results in a judgment of acquittal, unless
             21      the indictment or information is quashed or dismissed upon application or motion of the
             22      prosecuting attorney, that officer or employee shall be entitled to recover reasonable attorneys' fees
             23      and court costs necessarily incurred in the defense of that indictment or information from the
             24      public entity, unless the officer or employee is found guilty of substantially the same misconduct
             25      that formed the basis for the indictment or information.
             26          (2) If the officer or employee is acquitted of some of the charges or counts, or portions of
             27      the indictment or information are quashed or dismissed, that officer or employee shall be entitled


             28      to recover from the public entity reasonable attorneys' fees and court costs necessarily incurred in
             29      the defense of those charges, counts, or portions of the indictment or information that were
             30      quashed, dismissed, or resulted in a judgment of acquittal, unless the misconduct covered by those
             31      charges, counts, or portions of the indictment or information that were quashed, dismissed, or
             32      resulted in a judgment of acquittal is substantially the same misconduct that formed the basis for
             33      charges, counts, or portions of the indictment or information of which the officer or employee was
             34      found guilty.
             35          (3) An officer or employee who recovers under this section shall also be entitled to recover
             36      reasonable attorneys' fees and costs necessarily incurred by the officer or employee in recovering
             37      the attorneys' fees and costs allowed under this section, including attorneys' fees and costs incurred
             38      on appeal.
             39          (4) Notwithstanding any other provision of this section, an officer or employee may not
             40      recover for the costs incurred in defense of any charge, count, or portion of the indictment or
             41      information that is:
             42          (a) quashed or dismissed upon application or motion of the prosecuting attorney; or
             43          (b) for a traffic violation h [ which is ] CLASSIFIED AS h an infraction or a h TRAFFIC
             43a      VIOLATION CLASSIFIED AS A h class C misdemeanor h , UNLESS IT IS FOR A VIOLATION OF TITLE
             43b      41, CHAPTER 6, ARTICLE 16, EQUIPMENT, OR A LOCAL ORDINANCE SIMILAR TO THAT ARTICLE h .




Legislative Review Note
    as of 1-29-99 3:57 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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