§ 36-1-17-3 — Legal expenses of officer or employee charged with crime or infraction

Indiana § 36-1-17-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 17: Defense Expenses for Unit and Municipal Corporation

Text

(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 the grand jury investigation, if the grand jury fails to
indict the officer or employee and the acts investigated by the grand
jury 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.

Legislative History

As added by P.L.128-2005, SEC.1.