IC 36-1-17
Chapter 17. Defense Expenses for Unit and Municipal
Corporation Officers and Employees
IC 36-1-17-1 "Criminal action"
Sec. 1. As used in this chapter, "criminal action" means a
prosecution against an individual alleging the commission of a felony
or 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 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. 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-3 Legal expenses of officer or employee charged with crime or
infraction
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 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-4 Application for legal expenses; hearing; questions and information
regarding reimbursement
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 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17
Chapter 17. Defense Expenses for Unit and Municipal
Corporation Officers and Employees
IC 36-1-17-1 "Criminal action"
Sec. 1. As used in this chapter, "criminal action" means a
prosecution against an individual alleging the commission of a felony
or 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 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. 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-3 Legal expenses of officer or employee charged with crime or
infraction
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 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-4 Application for legal expenses; hearing; questions and information
regarding reimbursement
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 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17
Chapter 17. Defense Expenses for Unit and Municipal
Corporation Officers and Employees
IC 36-1-17-1 "Criminal action"
Sec. 1. As used in this chapter, "criminal action" means a
prosecution against an individual alleging the commission of a felony
or 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 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. 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-3 Legal expenses of officer or employee charged with crime or
infraction
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 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. As added by P.L.128-2005, SEC.1.
IC 36-1-17-4 Application for legal expenses; hearing; questions and information
regarding reimbursement
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 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. As added by P.L.128-2005, SEC.1.
