Section 1. Section 52-6-201 is amended to read:52-6-201. Indictment or information against officer or employee -- Reimbursement of attorney fees and court costs incurred in defense.(1)Except as provided in Subsection (3), and subject to Subsection (2), if a state grand jury indicts, or if an information is filed against, an officer or employee, in connection with or arising out of any act or omission of that officer or employee during the performance of the officer or employee's duties, within the scope of the officer or employee's employment, or under color of the officer or employee's authority, and that indictment or information is quashed or dismissed or results in a judgment of acquittal, unless the indictment or information is quashed or dismissed upon application or motion of the prosecuting attorney, that officer or employee is entitled to recover reasonable attorney fees and court costs necessarily incurred in the defense of that indictment or information from the public entity, unless the officer or employee is found guilty of substantially the same misconduct that formed the basis for the indictment or information.(2)Except as provided in Subsection (3), if the officer or employee is acquitted of some of the charges or counts, or portions of the indictment or information are quashed or dismissed, that officer or employee is entitled to recover from the public entity reasonable attorney fees and court costs necessarily incurred in the defense of those charges, counts, or portions of the indictment or information that were quashed, dismissed, or resulted in a judgment of acquittal, unless the alleged misconduct covered by those charges, counts, or portions of the indictment or information that were quashed, dismissed, or resulted in a judgment of acquittal is substantially the same alleged misconduct that formed the basis for charges, counts, or portions of the indictment or information of which the officer or employee was found guilty.(1)Except as provided in Subsection (2), an officer or employee who is indicted, or against whom an information is filed, for violation of a state law is entitled to recover from the public entity described in Subsection (3) reasonable attorney fees and court costs necessarily incurred in defense of a charge in the indictment or information, if:(a)the charge is brought in connection with, or arising out of, an alleged act or omission of the officer or employee:(i)during the performance of the officer's or employee's duties;(ii)within the scope of the officer's or employee's employment; or(iii)under color of the officer's or employee's authority; and(b)the charge, or the entire indictment or information, is quashed, dismissed, or results in a judgment of acquittal.(2)An officer or employee is not entitled to recover attorney fees or court costs under Subsection (1):(a)if the officer or employee is found guilty of another violation of law for substantially the same act or omission that formed the basis for the charge described in Subsection (1);(b)in relation to a charge in an indictment, if the charge, or the entire indictment, is quashed or dismissed upon application or motion of the prosecuting attorney; or(c)in relation to a charge in an information, if the charge, or the entire information, is, no later than 45 days after the day on which the charge is bound over for trial as a result of a preliminary hearing, quashed or dismissed upon application or motion of the prosecuting attorney.(3)AnThe following public entity shall pay the reasonable attorney fees and court costs that an officer or employee is entitled to recover reasonable attorney fees and court costs under Subsection (1) or (2) in connection with the officer's or employee's position within a political subdivision, is entitled to recover all fees and costs from the state rather than the political subdivision, if:(a)except as provided in Subsection (3)(b), the public entity for which the officer or employee, in relation to the alleged violation:(i)was engaged in performing a duty described in Subsection (1)(a)(i);(ii)acted, or failed to act, within the scope of the officer's or employee's employment; or(iii)acted, or failed to act, under color of the officer's or employee's authority; or(b)the state, if:(i)the public entity described in Subsection (3)(a) is a political subdivision of the state;(ii)(a)after the local attorney declines to pursue an indictment, or file an information, against the officer or employee, the attorney general obtains an indictment, or files an information, against the officer or employee;(b)(iii)the alleged misconduct forming the basis of the indictment or information against the officer or employee is substantially similar to the facts or investigation results upon which the local attorney relied in deciding not to pursue an indictment, or file an information, against the officer or employee; and(c)(iv)the attorney general pursued the indictment, or filed the information, against the officer or employee, for a reason other than that:(i)(A)the local attorney requested the attorney general's involvement in the prosecution of the officer or employee due to a conflict of interest; or(ii)(B)the local attorney lacked the resources or subject matter expertise to initiate or proceed with the prosecution of the officer or employee.(4)An officer or employee who recoversis entitled to recover reasonable attorney fees and court costs under this section shall also beSubsection (1) from a public entity described in Subsection (3) is also entitled to recover from that public entity reasonable attorney fees and costs necessarily incurred by the officer or employee in recovering the attorney fees and court costs allowed under this sectionto which the officer or employee is entitled under Subsection (1), including attorney fees and court costs incurred on appeal.(5)Notwithstanding any other provision of this section, an officer or employee may not recover for the costs incurred in defense of any charge, count, or portion of the indictment or information that is quashed or dismissed upon application or motion of the prosecuting attorney.