First Substitute H.B. 421

Representative Michael R. Styler proposes to substitute the following bill:

1 REIMBURSEMENT OF LEGAL FEES AND
2 COSTS TO OFFICERS AND EMPLOYEES
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 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 UNDER CERTAIN
9 CIRCUMSTANCES; PROVIDING LIMITED RETROACTIVITY OF THE CHANGES; AND
10 MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 63-30a-2, as last amended by Chapter 131, Laws of Utah 1983
14 This act enacts uncodified material.
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 63-30a-2 is amended to read:
17 63-30a-2. Indictment or information against officer or employee -- Reimbursement
18 of attorneys' fees and court costs incurred in defense.
19 (1) If a state grand jury indicts, or if an information is filed against, an officer or employee,
20 in connection with or arising out of any act or omission of that officer or employee during the
21 performance of his duties, within the scope of his employment, or under color of his authority, and
22 that indictment or information is quashed or dismissed or results in a judgment of acquittal, unless
23 the indictment or information is quashed or dismissed upon application or motion of the
24 prosecuting attorney, that officer or employee [shall be entitled to] may recover [from the public
25 entity] reasonable attorneys' fees and court costs necessarily incurred in the defense of that

1 indictment or information from the public entity, unless the officer or employee is found guilty of
2 substantially the same misconduct that formed the basis for the indictment or information.
3 (2) If the officer or employee is acquitted of some of the charges or counts, or portions of
4 the indictment or information are quashed or dismissed, that officer or employee may recover from
5 the public entity reasonable attorneys' fees and court costs necessarily incurred in the defense of
6 those charges, counts, or portions of the indictment or information that were quashed, dismissed
7 or resulted in a judgment of acquittal, unless the misconduct covered by those charges, counts, or
8 portions of the indictment or information that were quashed, dismissed or resulted in a judgment
9 of acquittal is substantially the same misconduct that formed the basis for charges, counts, or
10 portions of the indictment or information of which the officer or employee was found guilty.
11 (3) An officer or employee who may recover under this section may also recover
12 reasonable attorney's fees and costs necessarily incurred by the officer or employee in recovering
13 the attorneys' fees and costs allowed under this section, including attorney's fees and costs incurred
14 on appeal.
15 (4) Notwithstanding any other provision of this section, an officer or employee may not
16 recover for the costs incurred in defense of any charge, count, or portion of the indictment or
17 information that is quashed or dismissed upon application or motion of the prosecuting attorney.
18 Section 2. Limited retroactivity.
19 The amendments to Section 63-30a-2 effected by House Bill 421, 1998 Annual General
20 Session of the Utah Legislature, apply to claims arising before May 4, 1998 if those claims are
21 filed:
22 (1) as provided in Title 63, Chapter 30, Governmental Immunity Act; and
23 (2) within two years after the cause of action arises.

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