SB 316

 03-06 23:48  2nd Sub. (Salmon) S.B. 316
                          Matt MacPherson proposes the following substitute bill:
1Public Employee Attorney Fee Recovery Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                   Chief Sponsor: Stephanie Pitcher
                                    House Sponsor: Andrew Stoddard
2
3   LONG TITLE
4   General Description:
5This bill amends a provision of law relating to the recovery of reasonable attorney fees and
6   court costs incurred by an officer or employee of a public entity, under certain circumstances,
7   to defend against criminal charges brought against the officer or employee in relation to the
8   officer's or employee's public employment.
9   Highlighted Provisions:
10This bill:
11▸ provides that a court may order certain public entities to pay the reasonable attorney fees
12   and court costs incurred in defending against a criminal charge brought in connection
13   with the officer's or employee's public employment, if the court finds that the public
14   entities acted in bad faith.
15   Money Appropriated in this Bill:
16None
17   Other Special Clauses:
                                                                                                       2nd Sub. S.B. 316
18None
19   Utah Code Sections Affected:
20   REPEALS AND REENACTS:
2152-6-201, as last amended by Laws of Utah 2023, Chapter 444
22
23   Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 52-6-201 is repealed and reenacted to read:
2552-6-201 . Indictment or information against officer or employee --
26   Reimbursement of attorney fees and court costs incurred in defense.
27   (1) Except as provided in Subsection (2), a court in which a criminal charge is, by
28indictment or information, brought against an officer or employee for violation of a state
29law may order a public entity described in Subsection (3) to pay the reasonable attorney
 2nd Sub. (Salmon) S.B. 316  03-06 23:48
30fees and court costs necessarily incurred by the officer or employee in defense of the
31charge, if:
32(a) the charge is brought in connection with, or arising out of, an alleged act or omission
33of the officer or employee:
34(i) during the performance of the officer's or employee's duties;
35(ii) within the scope of the officer's or employee's employment; or
36(iii) under color of the officer's or employee's authority;
37(b) the charge, or the entire indictment or information, is quashed, dismissed, or results
38in a judgment of acquittal; and
39(c) the court finds that the public entity acted in bad faith in relation to the charge.
40   (2) An officer or employee is not entitled to recover attorney fees or court costs under
41Subsection (1) if the officer or employee is found guilty of another violation of law for
42substantially the same act or omission that formed the basis for the charge described in
43Subsection (1).
44   (3) The court may order the following public entities to pay the reasonable attorney fees
45and court costs described in Subsection (1) if the court finds, under Subsection (1)(c),
46that the public entity acted in bad faith in relation to the charge:
47(a) the public entity for which the officer or employee, in relation to the alleged
48violation:
49(i) was engaged in performing a duty described in Subsection (1)(a)(i);
50(ii) acted, or failed to act, within the scope of the officer's or employee's employment;
51or
52(iii) acted, or failed to act, under color of the officer's or employee's authority; or
53(b) the municipal prosecutor's office, the county attorney's office, the district attorney's
54office, or the attorney general's office that pursued the charges.
55   (4) If the court finds that the entity described in Subsection (3)(a) and the entity described
56in Subsection (3)(b) both acted in bad faith, the court may order each public entity to
57pay half of the reasonable court costs and attorney fees.
58Section 2. Effective Date.
59   This bill takes effect on May 6, 2026.
                                                   -2-