Public Employee Attorney Fee Recovery Amendments

3
52-6-201
0
Public Employee Attorney Fee Recovery Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Andrew Stoddard
LONG TITLE
General Description:
This bill amends a provision of law relating to the recovery of reasonable attorney fees and
court costs incurred by an officer or employee of a public entity, under certain circumstances,
to defend against criminal charges brought against the officer or employee in relation to the
officer's or employee's public employment.
Highlighted Provisions:
This bill:
clarifies and restates an existing provision of law entitling an officer or employee of a
public entity to recover reasonable attorney fees and courts costs, under certain
circumstances, for defending against criminal charges arising out of the officer's or
employee's service or employment;
requires the municipal prosecutor's office, the county attorney's office, the district
attorney's office, or the attorney general's office that pursues the charges described in the
preceding paragraph to pay a percentage of the reasonable attorney fees and court costs
that an officer or employee is entitled to recover under the preceding paragraph;
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; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-6-201
, as last amended by Laws of Utah 2023, Chapter 444
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
52-6-201
is amended to read:
52-6-201
. Indictment or information against officer or employee --
Reimbursement of attorney fees and court costs incurred in defense.
(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 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 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 entities described in Subsections
(3)
and (4) reasonable attorney fees and court
costs necessarily incurred in defense of a charge in the indictment or information, if:
(a)
the charge is brought in connection with, or arising out of, an alleged act or omission
of the officer or employee:
(i)
during the performance of the officer's or employee's duties;
(ii)
within the scope of the officer's or employee's employment; or
(iii)
under color of the officer's or employee's authority;
and
(b)
the charge, or the entire indictment or information, is quashed, dismissed, or results
in a judgment of acquittal.
(2)
An officer or employee is not entitled to recover attorney fees or court costs under
Subsection
(1)
:
(a)
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)
;
(b)
in relation to a charge in an indictment, if the charge, or the entire indictment, is
quashed or dismissed upon application or motion of the prosecuting attorney; or
(c)
in relation to a charge in an information, if the charge, or the entire information, is,
no later than 45 days after the day on which the charge is bound over for trial as a
result of a preliminary hearing, quashed or dismissed upon application or motion of
the prosecuting attorney.
(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
:
(a)
except as provided in Subsection
(3)(b)
,
the public entity for which the officer or
employee, in relation to the alleged violation:
(i)
was engaged in performing a duty described in Subsection
(1)(a)(i)
;
(ii)
acted, or failed to act, within the scope of the officer's or employee's employment;
or
(iii)
acted, or failed to act, under color of the officer's or employee's authority; or
(b)
the state, if:
(i)
the public entity described in Subsection
(3)(a)
is a political subdivision of the
state;
(ii)
(a)
after the local attorney declines to pursue an indictment, or file an information,
against the officer or employee, the attorney general obtains an indictment, or files an
information, against the officer or employee;
(b)
(iii)
the alleged misconduct forming the basis of the indictment or information
against the officer or employee is substantially similar to the facts or investigation
results upon which the local attorney relied in deciding not to pursue an
indictment, or file an information, against the officer or employee; and
(c)
(iv)
the attorney general pursued the indictment, or filed the information, against
the officer or employee, for a reason other than that:
(i)
(A)
the local attorney requested the attorney general's involvement in the
prosecution of the officer or employee due to a conflict of interest; or
(ii)
(B)
the local attorney lacked the resources or subject matter expertise to
initiate or proceed with the prosecution of the officer or employee.
(4)
The municipal prosecutor's office, the county attorney's office, the district attorney's
office, or the attorney general's office that pursues the charges for which an officer or
employee is entitled to recover reasonable attorney fees and court costs under
Subsection (1) shall pay 50% of the attorney fees and court costs.
(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)
Notwithstanding any other provision of this section, an officer or employee may not
recover for the costs incurred in defense of any charge, count, or portion of the
indictment or information that is quashed or dismissed upon application or motion of the
prosecuting attorney.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 5:14 PM