Ind. Code ch. 36-1-17

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.