IC 36-1-17
    Chapter 17. Defense Expenses for Unit and MunicipalCorporation Officers and Employees

IC 36-1-17-1
"Criminal action"
    Sec. 1. As used in this chapter, "criminal action" means aprosecution against an individual alleging the commission of a felonyor misdemeanor.
As added by P.L.128-2005, SEC.1.

IC 36-1-17-2
Legal expenses of officer or employee
    Sec. 2. Except as provided in section 3 of this chapter, a unit ormunicipal corporation may not pay the legal expenses incurred by anofficer 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 theUnited States, a United States attorney, the attorney generalof 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. 1964; or
            (C) a proceeding to enforce an ordinance or a statutedefining an infraction; or
        (2) who is the target of a grand jury investigation, if the scopeof the investigation includes a claim that the officer oremployee committed a criminal act.
As added by P.L.128-2005, SEC.1.

IC 36-1-17-3
Legal expenses of officer or employee charged with crime orinfraction
    Sec. 3. (a) An officer or employee of a unit or municipalcorporation who is charged with:
        (1) a crime; or
        (2) an infraction;
relating to an act that was within the scope of the official duties ofthe officer or employee may apply to the fiscal body of the unit ormunicipal corporation for reimbursement of reasonable andcustomarily charged expenses incurred in the officer's or employee'sdefense against those charges, if all charges have been dismissed orthe officer or employee has been found not guilty of all charges. Thefiscal body of the unit or municipal corporation shall reimburse the

officer or employee for reasonable and customarily chargedexpenses, as determined by the fiscal body of the unit or municipalcorporation, incurred in the officer's or employee's defense againstthose charges, if all charges have been dismissed or the officer oremployee has been found not guilty of all charges.
    (b) An officer or employee of a unit or municipal corporation whois the target of a grand jury investigation may apply to the fiscal bodyof the unit or municipal corporation for reimbursement of reasonableand customarily charged expenses incurred by the officer oremployee resulting from the grand jury investigation, if the grandjury fails to indict the officer or employee and the acts investigatedby the grand jury were within the scope of the official duties of theofficer or employee. The fiscal body of the unit or municipalcorporation shall reimburse the officer or employee for reasonableand customarily charged expenses, as determined by the fiscal bodyof the unit or municipal corporation, incurred by the officer oremployee as a result of the grand jury investigation, if the grand juryfails to indict the officer or employee.
    (c) An officer or employee of a unit or municipal corporation whois 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 persondescribed in section 2(1)(B) of this chapter that involves an actionwithin the scope of the official duties of the officer or employee mayapply to the fiscal body of the unit or municipal corporation forreimbursement of reasonable and customarily charged expensesincurred in the officer's or employee's defense in the civil action. Thefiscal body of the unit or municipal corporation shall reimburse theofficer or employee for reasonable and customarily charged expensesincurred in the officer's or employee's defense against the civil actionif:
        (1) all claims that formed the basis of the civil action have beendismissed; or
        (2) a judgment is rendered in favor of the officer or employeeon all counts in the civil action.
As added by P.L.128-2005, SEC.1.

IC 36-1-17-4
Application for legal expenses; hearing; questions and informationregarding reimbursement
    Sec. 4. The fiscal body of a unit or municipal corporation may:
        (1) act on an application under section 3 of this chapter withouta hearing; and
        (2) require an officer or employee seeking reimbursement underthis chapter to:
            (A) answer questions under oath; or
            (B) provide information or documents concerning the caseor investigation for which the officer or employee is seekingreimbursement.
As added by P.L.128-2005, SEC.1.