CHAPTER 11. LEGAL DEFENSE OF STATE EMPLOYEES

IC 4-15-11
    Chapter 11. Legal Defense of State Employees

IC 4-15-11-1
"Officer or employee of the state"
    Sec. 1. As used in this chapter, "officer or employee of the state"means the following:
        (1) An elected official or employee of a state administration,agency, authority, board, bureau, commission, committee,council, department, division, institution, office, service, orother similar body of state government created or established bylaw.
        (2) A teacher (as defined in IC 20-18-2-22).
The term does not include an employee of a state educationalinstitution.
As added by P.L.33-1987, SEC.1. Amended by P.L.16-1990, SEC.2;P.L.1-2005, SEC.63; P.L.2-2007, SEC.46.

IC 4-15-11-2
Representation by attorney general or appointed counsel
    Sec. 2. An officer or employee of the state who is charged with acrime or infraction in the courts of this state or of the United Statesor who is the target of a grand jury investigation may not berepresented in those proceedings by the attorney general or bycounsel appointed or provided by the attorney general.
As added by P.L.33-1987, SEC.1.

IC 4-15-11-3
Reimbursement of expenses; applications; approval; payment
    Sec. 3. (a) An officer or employee of the state who is charged witha crime or infraction relating to that individual's acts as an officer oremployee may apply to the budget agency for reimbursement ofreasonable expenses incurred in the officer's or employee's defenseagainst those charges if all charges have been dismissed or if theofficer or employee has been found not guilty of the charges.
    (b) An officer or employee of the state who is the target of a grandjury investigation relating to that individual's acts in carrying out theindividual's responsibilities as an officer or employee of the statemay apply to the the budget agency for reimbursement of reasonableexpenses incurred by the officer or employee resulting from thegrand jury investigation if the grand jury fails to indict the officer oremployee.
    (c) The budget agency may approve reimbursement of reasonableexpenses under this section if:
        (1) the officer or employee who was charged with a crime orinfraction or who was the target of a grand jury investigationretained counsel; and
        (2) the expenses for which reimbursement is sought arereasonable.
    (d) Reimbursement payments approved under this section shall be

paid from the state general fund.
As added by P.L.33-1987, SEC.1.

IC 4-15-11-4
Reimbursement of expenses; hearing; questioning of officer oremployee
    Sec. 4. The budget agency may act on an application of an officeror employee for reimbursement under this chapter without a priorhearing. The budget agency may require an officer or employeeseeking reimbursement to answer questions under oath and provideany information in connection with the matters that were the subjectof the investigation or charges.
As added by P.L.33-1987, SEC.1.

IC 4-15-11-5
Judicial review
    Sec. 5. A decision of the budget agency under this chapter is notsubject to judicial review.
As added by P.L.33-1987, SEC.1.

IC 4-15-11-6
Subrogation
    Sec. 6. The state has a right of subrogation in the amount of thereimbursement for the proceeds of any monetary judgment recoveredby the officer or employee in an action for false arrest, abuse ofprocess, or malicious prosecution or any other proceeding arising outof the matters involved in the criminal charges or the proceedings toenforce a statute defining an infraction.
As added by P.L.33-1987, SEC.1.