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H.B. 212
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LIMITATION ON REIMBURSEMENT OF
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LEGAL FEES AND COSTS TO OFFICERS
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AND EMPLOYEES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Chad E. Bennion
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; EXCLUDING REIMBURSEMENT
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FOR DEFENSE OF A MISDEMEANOR TRAFFIC CITATION TO AN OFFICER OR
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EMPLOYEE; AND MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-30a-2, as last amended by Chapter 307, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-30a-2
is amended to read:
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63-30a-2. Indictment or information against officer or employee -- Reimbursement
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of attorneys' fees and court costs incurred in defense.
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(1) If a state grand jury indicts, or if an information is filed against, an officer or employee,
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in connection with or arising out of any act or omission of that officer or employee during the
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performance of his duties, within the scope of his employment, or under color of his authority, and
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that indictment or information is quashed or dismissed or results in a judgment of acquittal, unless
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the indictment or information is quashed or dismissed upon application or motion of the
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prosecuting attorney, that officer or employee shall be entitled to recover reasonable attorneys' fees
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and court costs necessarily incurred in the defense of that indictment or information from the
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public entity, unless the officer or employee is found guilty of substantially the same misconduct
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that formed the basis for the indictment or information.
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(2) If the officer or employee is acquitted of some of the charges or counts, or portions of
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the indictment or information are quashed or dismissed, that officer or employee shall be entitled
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to recover from the public entity reasonable attorneys' fees and court costs necessarily incurred in
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the defense of those charges, counts, or portions of the indictment or information that were
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quashed, dismissed, or resulted in a judgment of acquittal, unless the misconduct covered by those
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charges, counts, or portions of the indictment or information that were quashed, dismissed, or
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resulted in a judgment of acquittal is substantially the same misconduct that formed the basis for
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charges, counts, or portions of the indictment or information of which the officer or employee was
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found guilty.
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(3) An officer or employee who recovers under this section shall also be entitled to recover
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reasonable attorneys' fees and costs necessarily incurred by the officer or employee in recovering
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the attorneys' fees and costs allowed under this section, including attorneys' fees and costs incurred
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on appeal.
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(4) Notwithstanding any other provision of this section, an officer or employee may not
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recover for the costs incurred in defense of any charge, count, or portion of the indictment or
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information that is:
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(a) quashed or dismissed upon application or motion of the prosecuting attorney; or
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(b) for a traffic violation classified as an infraction or a traffic violation classified as a class
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C misdemeanor, unless it is for a violation of Title 41, Chapter 6, Article 16, Equipment, or a local
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ordinance similar to that article.
Legislative Review Note
as of 11-22-99 7:49 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.