February 11, 2005
SENATE BILL No. 322
_____
DIGEST OF SB 322
(Updated February 9, 2005 2:21 pm - DI 106)
Citations Affected: IC 36-1.
Synopsis: Local spending on criminal defense. Provides that a county,
municipality, township, or municipal corporation may not pay the legal
expenses of an employee or officer to defend against a criminal action,
certain civil actions, or a proceeding in which the employee or officer
is charged with an infraction. Requires reimbursement of the
reasonable expenses of the employee or officer (as determined by the
local unit) if the employee or officer is found to have no criminal or
civil liability.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Judiciary.
February 10, 2005, amended, reported favorably _ Do Pass.
February 11, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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SENATE BILL No. 322
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-1-17; (05)SB0322.1.1. -->
SECTION 1. IC 36-1-17 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Chapter 17. Defense Expenses for Unit and Municipal
Corporation Officers and Employees
Sec. 1. As used in this chapter, "criminal action" means a
prosecution against an individual alleging the commission of a
felony or misdemeanor.
Sec. 2. Except as provided in section 3 of this chapter, a unit or
municipal corporation may not pay the legal expenses incurred by
an officer or employee of the unit or the municipal corporation:
(1) in defending against:
(A) a criminal action;
(B) a civil action brought by the attorney general of the
United States, a United States attorney,
the attorney
general of Indiana, or an Indiana prosecuting attorney
under:
(i) IC 34-24-1;
(ii) IC 34-24-2;
(iii) IC 34-24-3;
(iv) IC 5-11-5;
(v) IC 5-11-6;
(vi) IC 5-13-6;
(vii) IC 5-13-14-3; or
(viii) 18 U.S.C. Sec. 1964; or
(C) a proceeding to enforce an ordinance or a statute
defining an infraction; or
(2) who is the target of a grand jury investigation, if the scope
of the investigation includes a claim that the officer or
employee committed a criminal act.
Sec. 3. (a) An officer or employee of a unit or municipal
corporation who is charged with:
(1) a crime; or
(2) an infraction;
relating to an act that was within the scope of the official duties of
the officer or employee may apply to the fiscal body of the unit or
municipal corporation for reimbursement of reasonable and
customarily charged expenses incurred in the officer's or
employee's defense against those charges, if all charges have been
dismissed or the officer or employee has been found not guilty of
all charges. The fiscal body of the unit or municipal corporation
shall reimburse the officer or employee for reasonable and
customarily charged expenses, as determined by the fiscal body of
the unit or municipal corporation, incurred in the officer's or
employee's defense against those charges, if all charges have been
dismissed or the officer or employee has been found not guilty of
all charges.
(b) An officer or employee of a unit or municipal corporation
who is the target of a grand jury investigation may apply to the
fiscal body of the unit or municipal corporation for reimbursement
of reasonable and customarily charged expenses incurred by the
officer or employee resulting from a grand jury investigation, if the
grand jury fails to indict the officer or employee and the acts were
within the scope of the official duties of the officer or employee.
The fiscal body of the unit or municipal corporation shall
reimburse the officer or employee for reasonable and customarily
charged expenses, as determined by the fiscal body of the unit or
municipal corporation, incurred by the officer or employee as a
result of the grand jury investigation, if the grand jury fails to
indict the officer or employee.
(c) An officer or employee of a unit or municipal corporation
who is the defendant in a civil action described in section 2(1)B(i)
through section (2)(1)(B)(viii) of this chapter and brought by a
person described in section 2(1)(B) of this chapter that involves an
action within the scope of the official duties of the officer or
employee may apply to the fiscal body of the unit or municipal
corporation for reimbursement of reasonable and customarily
charged expenses incurred in the officer's or employee's defense in
the civil action. The fiscal body of the unit or municipal
corporation shall reimburse the officer or employee for reasonable
and customarily charged expenses incurred in the officer's or
employee's defense against the civil action if:
(1) all claims that formed the basis of the civil action have
been dismissed; or
(2) a judgment is rendered in favor of the officer or employee
on all counts in the civil action.
Sec. 4. The fiscal body of a unit or municipal corporation may:
(1) act on an application under section 3 of this chapter
without a hearing; and
(2) require an officer or an employee seeking reimbursement
under this chapter to:
(A) answer questions under oath; or
(B) provide information or documents concerning the case
or investigation for which the officer or employee is
seeking reimbursement.