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H.B. 421

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REIMBURSEMENT OF LEGAL FEES AND

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COSTS TO OFFICERS AND EMPLOYEES

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Michael R. Styler

6    AN ACT RELATING TO REIMBURSEMENT OF LEGAL FEES AND COSTS TO
7    GOVERNMENT OFFICERS AND EMPLOYEES; ALLOWING RECOVERY OF
8    ATTORNEYS' FEES AND COSTS AGAINST THE GOVERNMENT WHEN ANY CHARGE
9    OR COUNT IN AN INDICTMENT OR INFORMATION IS QUASHED OR DISMISSED;
10    ALLOWING RECOVERY OF ATTORNEYS' FEES AND COSTS INCURRED IN EFFORTS
11    TO RECOVER ATTORNEYS' FEES AND COSTS; PROVIDING LIMITED
12    RETROACTIVITY OF THE CHANGES; AND MAKING TECHNICAL CORRECTIONS.
13    This act affects sections of Utah Code Annotated 1953 as follows:
14    AMENDS:
15         63-30a-2, as last amended by Chapter 131, Laws of Utah 1983
16    This act enacts uncodified material.
17    Be it enacted by the Legislature of the state of Utah:
18        Section 1. Section 63-30a-2 is amended to read:
19         63-30a-2. Indictment or information against officer or employee -- Reimbursement
20     of attorneys' fees and court costs incurred in defense.
21        If a state grand jury indicts, or if an information is filed against, an officer or employee, in
22    connection with or arising out of any act or omission of that officer or employee during the
23    performance of his duties, within the scope of his employment or under color of his authority, and
24    any charge or count in that indictment or information is quashed or dismissed or results in a
25    judgment of acquittal, unless the charge or count in the indictment or information is quashed or
26    dismissed upon application or motion of the prosecuting attorney, that officer or employee [shall
27    be entitled to] may:


1        (1) recover [from the public entity] reasonable attorneys' fees and court costs necessarily
2    incurred in the defense of [that] the charge or count in the indictment or information from the
3    public entity; and
4        (2) reasonable attorney's fees and costs necessarily incurred by the officer or employee in
5    recovering the attorneys' fees and costs allowed under this section, including attorneys' fees and
6    costs incurred on appeal.
7        Section 2. Limited retroactivity.
8        The amendments to Section 63-30a-2 effected by House Bill 421, 1998 Annual General
9    Session of the Utah Legislature, apply to claims arising before May 4, 1998 if those claims are
10    filed:
11        (1) as provided in Title 63, Chapter 30, Governmental Immunity Act; and
12        (2) within two years after the cause of action arises.




Legislative Review Note
    as of 2-5-98 8:27 AM


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

Office of Legislative Research and General Counsel


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