SB 316 — Public Employee Attorney Fee Recovery Amendments

SB0316S02 compared with SB0316S01SB0316 {Omitted text} shows text that was in SB0316S01SB0316 but was omitted in SB0316S02 inserted text shows text that was not in SB0316S01SB0316 but was inserted into SB0316S02 DISCLAIMER:

▸ {clarifies and restates an existing provision of law entitling an officer or employee of } provides that a court may order certain public {entity } entities to {recover } pay the reasonable attorney fees and {courts } court costs{, under certain circumstances, for } incurred in defending against a criminal {charges arising out of } charge brought in connection with the officer's or employee's {service or } B public employment{;} , if the court finds that the public entities acted in bad faith.

0 ▸ {requires{modifies an exception under current law that prohibits the municipalrecovery prosecutor'sof office,attorney fees and B court costs described in the countypreceding attorney'sparagraph office,if the distr1ctcharges attorney'sare office,quashed or thedismissed attorneyu3on general'sapplication officeor thatmotion pursuesof the chargesprosecuting describedattorney, inby limiting the Sexception SB0316S01to circumstan1es SB0316 compared with SB0316S02 precedingwhere paragraphthe toquashing payor adismissal percentageoccurs ofmore than 45 days after the reasonableday attorneyon feeswhich andthe courtcharges costsare thatbound anover officerfor ortrial employeeas isa entitledresult toof recovera underpreliminary hearing;} ▸ {makes the modification described in the preceding paragraph;paragraph only in relation to charges brought by filing an information;

} ▸ {modifies an exception under current law that prohibits the recovery of attorney fees and court costs described in the preceding paragraph if the charges are quashed or dismissed upon application or motion of the prosecuting attorney, by limiting the exception to circumstances where the quashing or dismissal occurs more than 45 days after the day on which the charges are bound over for trial as a result of a preliminary hearing;} ▸ {makes the modification described in the preceding paragraph only in relation to charges brought by filing an information;

- 2 - SB0316S01 compared with SB0316S02 (ii) within the scope of the officer's or employee's employment;

- 2 - SB0316 compared with SB0316S02 (2) An officer or employee is not entitled to recover attorney fees or court costs under Subsection (1) 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).

[(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 - 3 - SB0316S01 compared with SB0316S02 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 - 3 - SB0316 compared with SB0316S02 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 entitiesentity described in SubsectionsSubsection (3) and (4) reasonable attorney fees and court costs necessarily incurred in defense of a charge in the indictment or information, if:

- 4 - SB0316S01 compared with SB0316S02 (3) [An] The following public entity shall pay 50% of 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] :

- 4 - SB0316 compared with SB0316S02 (i) was engaged in performing a duty described in Subsection (1)(a)(i);

(4) TheAn municipalofficer prosecutor'sor office,employee thewho county[recovers] attorney'sis office,entitled theto districtrecover attorney'sreasonable office,attorney orfees theand attorneycourt general'scosts officeunder that[this pursuessection theshall chargesalso forbe] whichSubsection an(1) officerfrom ora employeepublic 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 Subsectionthis (1)section] shallto paywhich 50%the ofofficer theor employee is entitled under Subsection (1), including attorney fees and court costs.costs incurred on appeal.

- 5 - SB0316S01 compared with SB0316S02 [(4)] (5) An officer or employee who [recovers] is entitled to recover reasonable attorney fees and court costs under [this section shall also be] Subsection (1) from a public entity described in Subsection (3) or (4) 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 section] to which the officer or employee is entitled under Subsection (1), including attorney fees and court costs incurred on appeal.

- 5 - SB0316 compared with SB0316S02 3-6-26 11:47 PM - 6 -