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7 LONG TITLE
8 General Description:
9 This bill amends the Reimbursement of Legal Fees and Costs to Officers and
10 Employees Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that an officer or employee of a political subdivision may recover costs and
14 legal fees from the state in certain criminal cases prosecuted by the attorney general;
15 and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 52-6-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
24 52-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 52-6-102 is amended to read:
28 52-6-102. Definitions.
29 As used in this act:
30 (1) "Local attorney" means:
31 (a) a county attorney or district attorney, as described in Title 17, Chapter 18a, Powers
32 and Duties of County and District Attorney; or
33 (b) a city attorney under Section 10-3-928.
34 (2) "Officer or employee" means any individual who at the time of an event giving rise
35 to a claim under this act is or was elected or appointed to or employed by a public entity,
36 whether or not compensated, but does not include an independent contractor.
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38 department, division, board, agency, commission, council, authority, institution, hospital,
39 school, college, university, or other instrumentality of the state or any such political
40 subdivision.
41 Section 2. Section 52-6-201 is amended to read:
42 52-6-201. Indictment or information against officer or employee --
43 Reimbursement of attorney fees and court costs incurred in defense.
44 (1) [
45 grand jury indicts, or if an information is filed against, an officer or employee, in connection
46 with or arising out of any act or omission of that officer or employee during the performance of
47 the officer or employee's duties, within the scope of the officer or employee's employment, or
48 under color of the officer or employee's authority, and that indictment or information is
49 quashed or dismissed or results in a judgment of acquittal, unless the indictment or information
50 is quashed or dismissed upon application or motion of the prosecuting attorney, that officer or
51 employee [
52 incurred in the defense of that indictment or information from the public entity, unless the
53 officer or employee is found guilty of substantially the same misconduct that formed the basis
54 for the indictment or information.
55 (2) [
56 some of the charges or counts, or portions of the indictment or information are quashed or
57 dismissed, that officer or employee [
58 reasonable attorney fees and court costs necessarily incurred in the defense of those charges,
59 counts, or portions of the indictment or information that were quashed, dismissed, or resulted
60 in a judgment of acquittal, unless the alleged misconduct covered by those charges, counts, or
61 portions of the indictment or information that were quashed, dismissed, or resulted in a
62 judgment of acquittal is substantially the same misconduct that formed the basis for charges,
63 counts, or portions of the indictment or information of which the officer or employee was
64 found guilty.
65 (3) An officer or employee entitled to recover reasonable attorney fees and court costs
66 under Subsection (1) or (2) in connection with the officer's or employee's position within a
67 political subdivision, is entitled to recover all fees and costs from the state rather than the
68 political subdivision, if:
69 (a) after the local attorney declines to pursue an indictment, or file an information,
70 against the officer or employee, the attorney general obtains an indictment, or files an
71 information, against the officer or employee;
72 (b) the alleged misconduct forming the basis of the indictment or information against
73 the officer or employee is substantially similar to the facts or investigation results upon which
74 the local attorney relied in deciding not to pursue an indictment, or file an information, against
75 the officer or employee; and
76 (c) the attorney general pursued the indictment, or filed the information, against the
77 officer or employee, for a reason other than that:
78 (i) the local attorney requested the attorney general's involvement in the prosecution of
79 the officer or employee due to a conflict of interest; or
80 (ii) the local attorney lacked the resources or subject matter expertise to initiate or
81 proceed with the prosecution of the officer or employee.
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83 to recover reasonable attorney fees and costs necessarily incurred by the officer or employee in
84 recovering the attorney fees and costs allowed under this section, including attorney fees and
85 costs incurred on appeal.
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87 may not recover for the costs incurred in defense of any charge, count, or portion of the
88 indictment or information that is quashed or dismissed upon application or motion of the
89 prosecuting attorney.